Ordinance Number 2021-1002

Town of West Blocton, Alabama

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AN ORDINANCE REPEALING ORDINANCE 2005-05 AND ESTABLISHING WEED CONTROL POWERS

 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WEST BLOCTON, ALABAMA AS FOLLOWS:

 

WHEREAS, the Town Council considers it necessary to repeal Ordinance No. 2005-05 and replace it with a more comprehensive Weed Control Ordinance, as fotlows:

 

Section 1.

Pursuant to and under the authority contained in Sections 11-47-131, Code of Alabama, 1975, it shall be unlawful and declared a nuisance and injurious to public health, safety and general welfare for any occupant, owner, lessee, or person in control of any property within the city or any occupant, owner, lessee or person in control whose property abuts town streets to allow an abundance of overgrown grass or weeds to exist if any of the following conditions are met:

(1) the grass or weeds provide breeding grounds and shelter for rats, mice, snakes, mosquitoes and other vermin, insects and pests;

(2) the grass or weeds attain such heights and/or dryness so as to constitute serious fire threat or hazard;

(3) the grass or weeds bear wingy or downy seeds, when mature, that cause the spread of weeds, and when breathed, irritation to the throat, lungs and eyes of the public;

(4) the grass or weeds are capable of hiding debris, such as broken glass or metal, which could inflict injury on any person going upon the property;

(5) the grass or weeds are unsightly; or

(6) if not grown as ornamental plant growth, the grass or weeds exceed 12 inches in height.

 

Said property shall include, but not be limited to sidewalks, city right-of-way strips, alleys, parking lots, driveways, grounds, fences, walls, property lines, privately owned storm drains, and vacant lots within the town. Under Section 11-67-20 et seq. and Section 11-67-60 et. Seq., Code of Alabama, 1975, as a Class 8 Municipality, the Town of West Blocton requires that abutting landowners of an unopened street in a subdivision shall cut or maintain weeds up to the centerline of an unopened street, opened or paved streets, street rights-of-way between the lot line of paved surface of the street.

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Section 2.

A lot or premises of more than three (3) acres, including residential subdivisions in which no lots have been sold or occupied, shall be considered farm property and exempt from cutting or mowing the entire property but shall be required to cut and maintain a perimeter area of 20 feet from the property lines of all abutting residential or business properties.

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Section 3.

Violations of the provisions ofthis Ordinance are hereby designated as violations against the Town. Upon the determination by an officer of the Town that a violation of this Ordinance exists, such officer shall issue a written notice of violation to the owner, proprietor, tenant, or other person in charge or control of the property or all or any one or more of them. Such notice shall be issues by first class mail or hand delivery. Service shall be deemed effectuated by first class mail on the third day following the date of mailing. For mailings outside the State of Alabama, service by first class mail is deemed effectuated on the fifth calendar day following the date of mailing of such notice. The notice shall (a) identify the violation, (b) identify the action required to comply with the provisions of this Ordinance, and (c) include a specified time within which to comply. If a violation is not sufficiently corrected in the opinion of the officer of the Town within the specified period of time contained in the notice, then a citation may be issued bythe officer ofthe Town or other enforcement officer directing the owner, proprietor, tenant or other person in charge or control of the property or all or any one or more of them to appear in the municipal court at a time and date stated therein to answer such violations. The defendant shall have all rights secured to persons charges in the Town with violations generally. If the defendant is found guilty by the municipal court, the court may impose a fine or imprisonment or both in accordance with Section 11-45- 9(b), Code of Alabama, 1975.

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At any time until the close of business on the last business day before the day set for trial. The defendant may elect to enter a guilty plea to the offense and waive his right to a trial before the municipal court clerk and pay a fine and court costs to the court in accordance with the following schedule:

 

First Offense: $50.00

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Second Offense: $100.00

 

Third Offense: Mandatory court appearance.

 

Multiple offenses for one lot, place or premises shall be cumulative within twelve (12) months from the date of the first offense. Repeat citations for the same offense may be issued following seven-day intervals. The right to elect a guilty plea and waive trial and pay the fine is terminated following the second offense within said 12- month period.

 

If property remains in violation of this Ordinance after four (4) violations are cited, the Town of West Blocton will begin the abatement process as allowed by 11- 67-20 through 11-67-28, and 11-67-60 through 11-67-67, Code of Alabama, 1975.

 

 

Section 4.

Pursuant to 11-67-20 through 11-67-28, and 11-67-60 through 11-67-67, Code of Alabama 1975, whenever it is deemed that a property is in violation ofthis Ordinance, The Town of West Blocton shall pass a resolution declaring the weeds to be a public nuisance and declaring its abatement. The resolution will include the street name under which it is commonly known or give a legal description of the property upon which or in front of which the nuisance exists. Multiple properties may be included in a resolution.

 

 

Section 5.

Under Section 11-67-62, Code of Alabama 1975, After the resolution is passed, notice of a public hearing on the matter shall be mailed by certified mail, return receipt requeşted, 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. 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 article. Notice shall be posted in three public places within the Town of West Blocton for at least 21 days prior to the hearing.

 

In addition, under Section 11-67-62, Code of Alabama 1975, two signs shall be conspicuously posted on the property at least 7 days prior to the public hearing. The wording of the signs shall not be less than one-inch in height and shall be in substantially the following form:

 

NOTICE

Notice is hereby given that on the_ day of . 20 at A.M./P.M. in the Council chambers, the Council of the Municipality of West Blocton will consider a resolution regarding the weeds growing upon or in front of the property on Street, in the Town of West Blocton, 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 the 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 the 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 or her hie or M representative to show cause, if any, why his or her 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.

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Reference is hereby made to the resolution, on file in the office of the Town Clerk, for further particulars. Dated this day of 20 TOWN OF WEST BLOCTON Town Clerk

 

 

Section 6.

Under Section 11-67-63, Code of Alabama 1975, should objections be filed at the time stated in the notice, the Town Council of the Town of West Blocton shall conduct a hearing and hear and consider all evidence, objections and protests regarding the proposed removal of weeds. Upon the conclusion of the hearing, the Town Council, by resolution, must decide whether a public nuisance exist and, if so, must order it to be removed or abated with respect to any property or part thereof described.

 

 

Section 7.

Under Section 11-67-64, Code of Alabama 1975, after the Council has passed a resolution finding to be a nuisance and orders its abatement, all employees and agents of the city may enter the property to abate the nuisance. If the Council uses outside contractors, competitive bidding is not required, and the Council must adopt a resolution stating the name of the contractors. After the resolution weeds is adopted removed the contractors may enter the property to abate the nuisance. A property owner may have the municipal at his or her own expense provided that the property owner's work commences before the employee or contractor's work.

 

 

Section 8.

Under Section 11-67-65, nuisance Code of Alabama 1975, the Town of West Blocton shall keep a report of and submit the report to Town Council. Before the report is submitted to the Town Council, the report shall be posted outside the Town Council's chamber door for at least five body. days prior to the report along with a notice that states when the report will be submitted to the governing

 

 

Section 9.

Under Section 11-67-66, Code of Alabama 1975, the Town Council must hear the report, together with abating any objections that may be raised by any of the property owners liable to be assessed for the work of the nuisance. The Town Council may make amendments to the report as deemed necessary, and a motion or resolution may be passed to accept the report in its final form. The amounts of the cost in the report should be referred to as "weed liens."The liens will constitute a weed lien on the property for the amount ofthe weed liens. After confirmation of the reports, a copy shall be given to the Tax Collector of Bibb County, Alabama, who, under the "Optional Method of Taxation," is charged with the collection of the municipal taxes pursuant to Article 1, Division 2, Chapter 51, of Title 11. It shall be the duty of the county tax collector to add the costs of the respective weed liens to the next regular bills for taxes levied collected against the respective lots and parcels of land subject to a weed lien, and thereafter, the costs shall be at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and delinquency; shall be subject provided, to the same penalties and the same procedure under foreclosure and sale in case of however, that if the foreclosure and sale is the result of a delinquency caused by a weed lien, the Town of West Blocton shall reimburse the county tax collector for all costs associated with the foreclosure and sale uniess the costs are collected at the time of sale as partof the sale.

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Section 10.

Pursuant to Section 11-67-68, Code of Alabama 1975, the notification period for any second and subsequent abatement will be reduced to 10 days.

 

 

Section 11.

If any section or provision ofthis ordinance shall be held invalid, such holdings shall not affect the validity of any other section or provision thereof which is not of itself invalid.