(a) Whenever in the opinion of the city official or any other city employee designated by the city manager, a nuisance exists, the enforcing official shall order the owner of the property on which the nuisance is located to abate the condition.
(b) The enforcing official shall give the owner written notice in person or by first class mail. The notice shall apprise the owner of the facts of the alleged nuisance and require the condition be abated within the time stated in the notice or to request a hearing before an administrative official of the city designated by the city manager, to determine whether there has been a violation.
(c) The notice shall be sent to that person shown by the records of the county to have been the last person assessed for payment of ad valorem tax on the property where the nuisance is situated. It shall be the responsibility of that person to promptly advise the enforcing official of a change of ownership or interest in the property.
(d) The notice shall also be posted in a conspicuous place on the property.
(e) The notice shall require the owner to complete abatement of the nuisance within 10 days from the date of notice, provided the enforcing official may stipulate additional time, but in no case more than 28 days.
(f) A property owner shall have five days in which to request a hearing before the administrative official to appeal the determination of the enforcing official. After the hearing, the enforcing official shall notify the owner by personal service or by first class mail of the determination of the administrative official.
(g) At the hearing, any interested party shall have the right to present evidence and testimony. The hearing shall be open to the public, and a record of the proceedings shall be kept as a part of the public records of the municipality.
(h) The administrative official shall render a written decision on the merits of the proposed abatement within five days of the conclusion of the hearing. The enforcing official shall notify the owner by personal service or by first class mail of the written determination of the administrative official. If the administrative official determines that a nuisance exists and should be abated, the written determination of the administrative official shall inform the owner that the owner must complete the abatement ordered by the enforcing official within 10 days of the date of the administrative official's decision, or upon such additional time, but in no case more than 28 days from the administrative official's determination. If the administrative official determines that a nuisance does not exist, then the enforcing official's notice to abate the nuisance will be null and void, but that determination shall not bar any subsequent notice concerning the same property.
Structure Code of Alabama
Title 11 - Counties and Municipal Corporations.
Title 2 - Provisions Applicable to Municipal Corporations Only.
Chapter 67 - Abatement of Weeds.
Article 7 - Abatement of Grass and Weeds in Certain Class 5 Municipalities.
Section 11-67-140 - Article Applicable Only to Certain Class 5 Municipalities.
Section 11-67-141 - Grass or Weeds May Be Declared Public Nuisance and Abated.
Section 11-67-142 - Definitions.
Section 11-67-144 - Appeal and Review.
Section 11-67-145 - Failure to Abate Condition; Assessing Cost of Abatement.
Section 11-67-146 - Weed Lien.