Section 45-37A-53 - Abatement of weeds(a) All weeds growing upon private property within municipalities of the state having a population of 300,000 inhabitants or more, according to the last or any subsequent federal census, which bear seeds of a wingy or downy nature or attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, may be declared to be a public nuisance by the governing body of any such municipality, and thereafter abated as in this section provided.(b) Whenever any such weeds are growing upon any private property, the governing body of any such municipality may, by resolution, declare the same to be a public nuisance. The resolution shall refer to the street by the name under which it is commonly known, and describe the property upon which the nuisance exists by giving a legal description thereof; and no other description of the property shall be required. Any number of parcels of private property may be included in one and the same resolution.(c)(1) After the passage of the resolution, the municipality shall cause to be conspicuously posted upon the street or other right of way in front of the property on which the nuisance exists, at not more than 100 feet in distance apart, but not less than two in all, notices headed, notice to destroy weeds, such heading to be in words not less than one inch in height and substantially in the following form: "Notice is hereby given that on the _____day of ____, 2__ , the (name of governing body) passed a resolution declaring that noxious or dangerous weeds were growing upon the property on _________ Street, and in __________, and more particularly described in the resolution, and that the same constitute a public nuisance which must be abated by the removal of the noxious or dangerous weeds, otherwise they shall be removed and the nuisance shall be abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which such weeds are removed, and such cost shall constitute a lien upon such lots or lands until paid. Reference is hereby made to the resolution for further particulars.
"All property owners having any objections to the proposed removal of the weeds are hereby notified to attend a meeting of the (name of governing body) of the (city or town) to be held (give date), when their objections shall be heard and given due consideration.
"Dated this ______ day of _____, 2__.
| Name of City |
| By: |
| City Clerk" |
(2) The notice shall be posted at least 21 days prior to the time for hearing objections by the governing body of the municipality. A copy of the notice shall be given by registered or certified mail to the person, firm, or corporation last assessing the property for state taxes not less than 21 days prior to such hearings. The mailing of such certified or registered mail notice by the city clerk of such city, postage prepaid and properly addressed, shall constitute the giving of notice as required herein. In the event of multiple ownership, additional notices shall be mailed to each except that as to corporate ownership notice shall be deemed to be adequate if made to the president of the corporation.(d) At the time stated in the notices, the governing body of the municipality shall hear and consider all objections or protests, if any, to the proposed removal of weeds, and may continue the hearing from time to time. Upon the conclusion of the hearing the governing body, by motion or resolution, shall allow or overrule any or all objections, and if the objections are overruled with respect to any piece of property described the governing body shall be deemed to have acquired jurisdiction to proceed and perform the work of removal with respect to such piece of property, and the decision of the governing body on the matter shall be deemed final and conclusive.(e)(1) After final action has been taken by the governing body by overruling protests and objections with respect to any described piece of property, or in case no protests or objections have been received, the governing body of the abatement of the nuisance by having the weeds referred to removed, and all necessary employees and duly authorized agents of the city are hereby expressly authorized to enter upon private property for the purpose of abating the nuisance upon such private property over which jurisdiction has been acquired by the governing body.(2) The city may at its option authorize private contractors, companies, enterprises, or individuals to abate and remove the nuisances. The council, by resolution, shall designate the contractors, companies, enterprises, or individuals who may perform the work, as well as the maximum amount of money they may be entitled to receive on a per square foot basis for removal of weeds on the property upon which the nuisance is located. Those persons so designated are hereby authorized to enter upon private property for purposes of abating or removing the nuisance. For purposes of this section compliance with the competitive bid law is not required.(3) Any property owner shall have the right to have any such weeds removed at his or her own expense providing the same is done prior to the commencing of the work by the employees or agents of the city to do the same.(f) Each municipality shall keep an account of the cost of abating such nuisance on each separate lot or parcel of land where the work is done by it, or its employees, and shall render an itemized report in writing to the governing body of the municipality showing the cost of removing such on each separate lot. Before the report is submitted to the governing body, a copy of same shall be maintained and available for public inspection in the office of the city clerk of such city for at least 14 days prior thereto, together with a notice of the time when the report shall be submitted to the governing body for confirmation. The city clerk shall mail by registered or certified mail, postage prepaid, and properly addressed not less than 14 days prior to such submission a copy of the report and the date when it will be submitted to such governing body, to the person, firm, or corporation last assessing the property for state taxes, together with the statement that any objections he or she may have thereto shall be heard by such governing body at such time.(g)(1) At the time fixed for receiving and considering the report, the governing body shall consider and hear the same, together with any person, firm, or corporation claiming an interest in the property as to the cost of work abating the nuisance, and thereupon make such adjustments in the cost of such work as they deem proper and just, after which, by resolution, the report shall be confirmed in the amount of cost properly incurred by such municipality in abating the nuisance.(2) The amounts of the cost for abating the nuisance upon the various parcels of land, mentioned in the report shall constitute special assessments against the respective parcels of land and as thus made and confirmed shall constitute a lien on the property for the amount of such assessments, respectively, and may, at the option of the governing body, be enforced as any other lien for municipal or other improvements. After confirmation of the report a copy may be turned over to the appropriate official or employee of the county which is charged with the collection of property taxes or assessments, whereupon it shall be the duty of the official or employee to add the amounts of the respective assessments to the next regular bills for taxes levied against the respective lots and parcels of land for municipal purposes, and thereafter those amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same commissions and fees, as well as the same procedure under the foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.Ala. Code § 45-37A-53 (1975)
Acts 1971 3rd Sp. Sess., No. 105, p. 4325, §§1-7; Act 87-728, p. 1420, §1; Act 89-380, p. 736, §1; Act 91-192, p. 352, §1.