§ 28-5. Procedure of abatement of weed nuisances.

Latest version.

(a)

Weeds may be declared public nuisance; resolution to abate. Whenever any weed nuisance is deemed to exist on any real property within the limits of the town, except as provided in section 28-3, the town council may, by resolution, declare the same to be a public nuisance and order its abatement. The resolution shall refer to the street by the name under which it is commonly known or describe the property upon which or in front of which the nuisance exists by giving a legal description of the property and no other description of the property shall be required. Any number of parcels of private property may be included in one resolution.

(b)

Notice.

(1)

After the passage of the resolution, notice of a public hearing on the matter shall be given by certified mail, return receipt requested, mailed 21 days prior to the date of the hearing and shall inform the owner of the time, date and place of the hearing and the reason for the hearing. The notice shall be mailed to the owner of the property as the information appears on record in the office of the tax assessor.

(2)

All notices shall carry a list of names of persons or private contractors or both, who perform the work and are registered with the town clerk. The names shall not constitute a recommendation and the failure to include a list shall in no way affect the operation of this chapter.

(3)

Notice shall also be posted in three public places located in the town for at least 21 days prior to the hearing.

(4)

In addition, two signs shall be conspicuously posted on the property. The wording of the signs shall not be less than one inch in height and shall be in substantially the following form, to-wit:

NOTICE TO DESTROY WEEDS

Notice is hereby given that on the _____ day of _______, 2___ at _____ A.M./P.M. in the Council Chamber, the Town Council of the Town of Falkville, Alabama will consider a resolution regarding the weeds growing upon the property located at ___________, in the Town of Falkville, Alabama, and more particularly described in the resolution, a copy of which is on file in the office of the Town Clerk; and at that time and place will determine whether the weeds constitute a public nuisance which shall be abated by removal of the noxious or dangerous weeds; and, if so, will order the abatement and removal of the nuisance. If abatement and removal are ordered, the cost of abatement and removal shall be assessed upon the lots and lands from which or in front of which the weeds are removed, and the cost shall be added to the next regular bills for taxes levied against the respective lots and lands for municipal purposes. The costs shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. The costs shall be subject to the same commissions and fees and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

If no objections are filed with the Town Clerk at least five days before the meeting of the council and unless the person appears before the council in person or through his representative to show cause, if any, why his objection should be sustained, it shall be presumed that the person accepts the notice as fact and waives any rights he or she may have to contest the removal of the weeds and the action of the council shall be final unless good and sufficient cause can be otherwise shown.

Reference is hereby made to the resolution, on file in the office of the Town Clerk, for further particulars.

Dated this _____ day of _______, 2___.

_____ Town of Falkville, Alabama

_____ Town Clerk

(5)

The notice shall be posted at least seven days prior to the time for hearing objections by the town.

(c)

Hearing. If objections are filed, at the time stated in the notice, the town council shall hear and consider all evidence, objections, and protests regarding the proposed removal of weeds. The town council may continue the hearing from time to time. Upon the conclusion of the hearing, the town council, by resolution, shall decide whether a public nuisance exists and, if so, shall order it to be removed or abated with respect to any property or part thereof described. The town council, by passage of the resolution, shall be deemed to have acquired jurisdiction to proceed and either to perform or have performed the work of removal or abatement with respect to the property or part thereof. The decision of the town council on the matter shall be deemed final and conclusive.

(d)

Alternative procedures for repetitive violations.

(1)

The term "repetitive violations" means a weed nuisance on any real property in the town where that real property has been the subject of any prior weed nuisance abatement procedure or attempted weed nuisance abatement procedure. An attempted weed nuisance abatement procedure is one where nuisance abatement procedures were initiated but terminated due to abatement of the nuisance by the responsible party, compromise, dismissal or any other reason.

(2)

Repetitive weed violations shall be handled in accordance with the procedures set out in section 28-13 for abatement of nuisances and violations other than weed nuisances with the following exceptions:

The provision of section 28-13(a)(1) that weed nuisances shall be handled according to the procedures of section 28-5 shall not apply;

The provisions of section 28-13(a)(4) for posting of notice in three conspicuous locations in the town shall not apply;

The provisions of section 28-13(c)(3) for posting of notice in three conspicuous locations in the town shall not apply.

(e)

Properties in state of consistent violation.

(1)

The term "state of consistent violation" shall mean a weed nuisance on any real property in the town where that real property is or has been the subject to a weed nuisance abatement procedure or an attempted weed nuisance abatement procedure for at least the third time within a 24-month period. An attempted weed nuisance abatement procedure is one where nuisance abatement procedures were initiated but terminated due to abatement of the nuisance by the responsible party, compromise, dismissal or any other reason.

(2)

Abatement of a weed nuisance on any property in a state of consistent violation shall proceed in the same manner as repetitive weed violations with the following exceptions:

The provisions of section 28-13(c)(3) shall apply, except that the public hearing shall be to determine whether to order continuous abatement of the weed nuisance. The term "continuous abatement" means that the enforcement official is ordered to abate the nuisance on a continuing as-needed basis. In such cases where the council has ordered continuous abatement, the only notice to the owner or person responsible for the subject property before any abatement proceeds shall be written notice seven days in advance that the nuisance will be abated by the town if not abated within seven days of the date of the notice. Such notice shall be addressed to and delivered in the manner prescribed in section 28-13(a)(3).

If the council elects to order the enforcement official to abate the nuisance on a continuing basis as provided in subsection (e)(2)a of this section, the town's costs shall be determined and collected in the same manner as for all weed nuisance abatement procedures.

(f)

Report of costs; confirmation; lien established.

(1)

The town clerk shall keep an account of the cost of abating or removing the nuisance in front of or on each separate lot or parcel of land where the work is done by its employees or by a duly authorized private contractor, company, enterprise or individual and shall render an itemized report in writing to the town council showing the cost of removing the nuisance on each separate lot or in front of the lot. Before the report is submitted to the council, a copy of the report shall be posted for at least five days prior thereto on or near the chamber door of the council, together with a notice of the time when the report shall be submitted to the council for confirmation.

(2)

At the time fixed for receiving and considering the report, the town council shall hear the report, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating the nuisance and thereupon make modifications in the report as deemed necessary, after which by motion or resolution the report shall be confirmed. The amounts of the cost for abating the nuisance in front of or upon the various parcels of land mentioned in the report shall hereinafter be referred to as "weed liens" and shall constitute a weed lien on the property for the amount of the weed liens, respectively. After confirmation of the reports, a copy shall be given to the revenue commissioner of the county to be collected at the same time and in the same manner as the town's ad valorem taxes pursuant to Code of Ala. 1975, § 11-67-66.

(Ord. No. 2001-08, § 6, 7-10-2001; Ord. No. 2017-05, §§ 2, 4, 5, 5-2-2017)

State law reference

Weed abatement, Code of Ala. 1975, § 11-67-60 et seq.

                    
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