AL
Alabama House Bill HB497

Alabama 2025 Regular Session

Alabama House Bill HB497 Compare Versions

OldNewDifferences
1-HB497ENGROSSED
1+HB497INTRODUCED
22 Page 0
33 HB497
4-ZQXZNRW-2
4+MC6XHW1-1
55 By Representative Bedsole (N & P)
66 RFD: Shelby County Legislation
77 First Read: 01-Apr-25
88 1
99 2
1010 3
1111 4
12-5 HB497 Engrossed
12+5 MC6XHW1-1 02/10/2025 THR (L)THR 2025-167
1313 Page 1
1414 First Read: 01-Apr-25
1515 A BILL
1616 TO BE ENTITLED
1717 AN ACT
1818 Relating to the City of Alabaster; to provide for the
1919 abatement of plants which become a nuisance under certain
2020 conditions; to provide for notice to property owners; to
2121 provide for the assessment of costs for abatement; to provide
2222 for the collection of costs; and to provide for liens in
2323 certain circumstances.
2424 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2525 Section 1. (a) The Mayor of the City of Alabaster shall
2626 designate a city official or employee to serve as the
2727 enforcing official for public nuisances related to plants in
2828 the city.
2929 (b) The enforcing official may serve written notice
3030 upon the owner of any property in the city informing the owner
3131 that a nuisance is located on the property and ordering the
3232 abatement of the nuisance.
3333 (c)(1) The written notice shall require the owner to
3434 complete the abatement of the nuisance within 14 days from
3535 service of the notice. Upon finding that the difficulty of the
3636 abatement or other unusual factors necessitate additional
3737 time, the enforcing official may provide the owner up to 28
3838 1
3939 2
4040 3
4141 4
4242 5
4343 6
4444 7
4545 8
4646 9
4747 10
4848 11
4949 12
5050 13
5151 14
5252 15
5353 16
5454 17
5555 18
5656 19
5757 20
5858 21
5959 22
6060 23
6161 24
6262 25
6363 26
6464 27
65-28 HB497 Engrossed
65+28 HB497 INTRODUCED
6666 Page 2
6767 time, the enforcing official may provide the owner up to 28
6868 days from service of the notice to complete the abatement.
6969 (2) The written notice shall notify the owner that, in
7070 lieu of completing the abatement within the time stated in the
7171 notice, the owner may appear at a hearing before the
7272 administrative official to determine whether the conditions on
7373 the property constitute a public nuisance that should be
7474 abated. The owner shall notify the enforcing official of the
7575 owner's intent to appear at the hearing within five days of
7676 service of the written notice. The hearing shall take place at
7777 least 10 days after service of the written notice.
7878 (3) The written notice shall apprise the owner of the
7979 facts of the alleged nuisance, including a description or
8080 address of the property that provides reasonable notice of its
8181 location; the address of the enforcing official; and the date,
8282 time, and place of the hearing before the administrative
8383 official.
8484 (d)(1) The enforcing official, on or before the date of
8585 service of the written notice on the owner, shall post the
8686 written notice in a conspicuous place on the property on which
8787 the nuisance is located.
8888 (2) The enforcing official shall serve the owner with
8989 the written notice in one of the following methods:
9090 a. By hand delivering it to the owner.
9191 b. By mailing it to the owner at the owner's last known
9292 address by first class mail.
9393 c. By leaving it at the owner's residence or place of
9494 business with an individual of suitable age and discretion
9595 residing or employed at that location.
9696 29
9797 30
9898 31
9999 32
100100 33
101101 34
102102 35
103103 36
104104 37
105105 38
106106 39
107107 40
108108 41
109109 42
110110 43
111111 44
112112 45
113113 46
114114 47
115115 48
116116 49
117117 50
118118 51
119119 52
120120 53
121121 54
122122 55
123-56 HB497 Engrossed
123+56 HB497 INTRODUCED
124124 Page 3
125125 residing or employed at that location.
126126 d. If the owner is not an individual, by delivering it
127127 to an agent of the owner.
128128 (3) Service by first class mail is complete upon
129129 mailing.
130130 (e)(1) The enforcing official may rely upon information
131131 appearing on record in the office of the county tax collector,
132132 tax assessor, or revenue commissioner to establish the
133133 identity of an owner of property and to establish the owner's
134134 last known address. Use of this information shall be deemed
135135 conclusive and sufficient proof of the information.
136136 (2) The enforcing official may use any additional means
137137 of providing notice that he or she deems appropriate
138138 including, but not limited to, posting notice in one or more
139139 public places within the city or publishing notice in a
140140 newspaper of general circulation in the city.
141141 Section 2. (a) The city council shall designate an
142142 individual other than the enforcing official to serve as the
143143 administrative official for the purposes of this act.
144144 (b) Upon receipt of an owner's intent to appear at a
145145 hearing, the administrative official shall suspend the order
146146 to abate.
147147 (c) The administrative official, upon agreement with
148148 the owner, may reschedule the hearing or continue the hearing
149149 for good cause.
150150 (d) A hearing held pursuant to this act shall be open
151151 to the public. Any interested party may present evidence or
152152 testimony. The city shall keep a record of the proceedings as
153153 part of the city's public records.
154154 57
155155 58
156156 59
157157 60
158158 61
159159 62
160160 63
161161 64
162162 65
163163 66
164164 67
165165 68
166166 69
167167 70
168168 71
169169 72
170170 73
171171 74
172172 75
173173 76
174174 77
175175 78
176176 79
177177 80
178178 81
179179 82
180180 83
181-84 HB497 Engrossed
181+84 HB497 INTRODUCED
182182 Page 4
183183 part of the city's public records.
184184 (e) Within five days after the conclusion of a hearing,
185185 the administrative official shall render a written decision on
186186 the merits of the proposed abatement. The administrative
187187 official shall deliver the written decision to the owner and
188188 the enforcing official by personal service or by first class
189189 mail.
190190 (f) If the administrative official determines that a
191191 nuisance does not exist, the notice to abate is void. The
192192 determination does not bar any subsequent public nuisance
193193 notice at the same property.
194194 (g) If the administrative official determines that a
195195 nuisance does exist, the written decision shall inform the
196196 owner that the nuisance must be abated within 14 days from
197197 service of the determination. Upon finding that the difficulty
198198 of the abatement or other unusual factors necessitate
199199 additional time, the administrative official may provide the
200200 owner up to 28 days from service of the determination to
201201 complete the abatement.
202202 (h) An owner, within 10 days after receipt of a
203203 determination, may appeal the determination to the circuit
204204 court by filing with the circuit court clerk a notice of
205205 appeal and bond for security of costs in the form and amount
206206 approved by the circuit clerk. Upon receipt of an adequate
207207 notice of appeal and bond, the circuit clerk shall serve a
208208 copy of the notice of appeal on the city clerk and the appeal
209209 shall be docketed in the circuit court and shall be a
210210 preferred case. Upon receipt of the notice, the city clerk
211211 shall file with the circuit clerk a copy of the finding and
212212 85
213213 86
214214 87
215215 88
216216 89
217217 90
218218 91
219219 92
220220 93
221221 94
222222 95
223223 96
224224 97
225225 98
226226 99
227227 100
228228 101
229229 102
230230 103
231231 104
232232 105
233233 106
234234 107
235235 108
236236 109
237237 110
238238 111
239-112 HB497 Engrossed
239+112 HB497 INTRODUCED
240240 Page 5
241241 shall file with the circuit clerk a copy of the finding and
242242 determination of the administrative official. Any trial shall
243243 be held without a jury.
244244 Section 3. (a) If a nuisance is not abated within the
245245 time permitted by the enforcing official's non-suspended
246246 notice or, following a hearing attended by the owner, within
247247 the time permitted by the administrative official's
248248 determination, then the city may enter upon the property and
249249 abate the nuisance or contract for the abatement of the
250250 nuisance. However, if an appeal has been filed pursuant to
251251 this act, then the city may not abate the nuisance until the
252252 determination or judgment authorizing abatement becomes final
253253 as provided by law.
254254 (b) Upon completion of abatement work by or under
255255 contract with the city, the enforcing official shall create an
256256 itemized list of the city's expenses in abating the nuisance,
257257 including, but not limited to, the cost of labor, value of the
258258 use of equipment, advertising expenses, postage,
259259 administrative expenses, legal expenses, or materials
260260 purchased.
261261 (c) The itemized statement and a notice of the time
262262 fixed by the city council to consider the assessment of the
263263 costs against the property shall be sent by first class mail
264264 to the last known address of the owner of the property at
265265 least five days before the fixed time.
266266 (d) At the fixed time, the city council shall receive
267267 and consider the itemized statement and any objections which
268268 may be raised by the owner of the property. The council may
269269 modify the statement as necessary. Following all due
270270 113
271271 114
272272 115
273273 116
274274 117
275275 118
276276 119
277277 120
278278 121
279279 122
280280 123
281281 124
282282 125
283283 126
284284 127
285285 128
286286 129
287287 130
288288 131
289289 132
290290 133
291291 134
292292 135
293293 136
294294 137
295295 138
296296 139
297-140 HB497 Engrossed
297+140 HB497 INTRODUCED
298298 Page 6
299299 modify the statement as necessary. Following all due
300300 consideration, the council may adopt a resolution assessing
301301 the appropriate costs. The costs stated in the resolution
302302 shall constitute a lien on the property and shall be referred
303303 to as a weed lien on the property.
304304 (e) The city council shall provide a copy of any
305305 resolution adopted pursuant to this section to the county
306306 revenue commissioner. The county revenue commissioner shall
307307 add the costs of the weed lien to the next regular bill for
308308 taxes levied against the property subject to the weed lien,
309309 and the costs shall be collected and remitted to the city at
310310 the same time and in the same manner as ordinary municipal ad
311311 valorem taxes are collected and remitted. The weed lien shall
312312 be subject to the same penalties and the same procedure under
313313 foreclosure and sale in the case of delinquency as ordinary
314314 municipal ad valorem taxes. However, in a foreclosure and sale
315315 resulting solely due to a delinquency caused by a weed lien,
316316 the city shall reimburse the county for all costs associated
317317 with the foreclosure and sale unless the costs are collected
318318 at the time of the sale as part of the sale.
319-Section 4. When a weed lien has been filed with the
320-revenue commissioner against a lot or parcel of land pursuant
321-to this act, a subsequent redemption of the lot or parcel by a
322-person authorized to redeem, or a sale of the lot or parcel by
323-the state, shall include payment of any outstanding weed lien.
324-Upon full payment of a weed lien as part of a redemption or
325-sale, the lien shall be extinguished. If a weed lien is not
326-paid as part of a redemption or sale, it shall remain a valid
327-and enforceable lien against the property until satisfied.
319+(f) The city clerk may also file a certified copy of
320+the resolution showing the weed lien with the office of the
321+judge of probate.
322+Section 4. When a weed lien is made against a lot or
323+parcel of land, a subsequent redemption of the lot or parcel
324+by a person authorized to redeem, or a sale of the lot or
325+parcel by the state, shall not discharge or in any other way
326+alter the city's weed lien.
327+Section 5. This act shall become effective on June 1,
328328 141
329329 142
330330 143
331331 144
332332 145
333333 146
334334 147
335335 148
336336 149
337337 150
338338 151
339339 152
340340 153
341341 154
342342 155
343343 156
344344 157
345345 158
346346 159
347347 160
348348 161
349349 162
350350 163
351351 164
352352 165
353353 166
354354 167
355-168 HB497 Engrossed
355+168 HB497 INTRODUCED
356356 Page 7
357-and enforceable lien against the property until satisfied.
358357 Section 5. This act shall become effective on June 1,
359-2025.
360-169
361-170 HB497 Engrossed
362-Page 8
363-2025.
364-House of Representatives
365-Read for the first time and referred
366-to the House of Representatives
367-committee on Shelby County
368-Legislation
369-................01-Apr-25
370-Read for the second time and placed
371-on the calendar:
372- 1 amendment
373-................08-Apr-25
374-Read for the third time and passed
375-as amended
376-Yeas 15
377-Nays 0
378-Abstains 86
379-................09-Apr-25
380-John Treadwell
381-Clerk
382-171
383-172
384-173
385-174
386-175
387-176
388-177
389-178
390-179
391-180
392-181
393-182
394-183
395-184
396-185
397-186
398-187
399-188
400-189
401-190
402-191
403-192
358+2025.169