ORDINANCE NO. 2018 – 4920
AN ORDINANCE REQUIRING THE CUTTING OF WEEDS, GRASS, AND OTHER VEGETATION AND REQUIRING CORRECTION OF CONDITIONS FAVORABLE TO THE HARBORING OF MOSQUITOES OR OTHER INSECTS OF LIKE KIND OR RODENTS; PROVIDING FOR THE ABATEMENT OF SUCH CONDITIONS FAVORABLE TO THE HARBORING OF SUCH INSECTS OR RODENTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PELL CITY, ALABAMA, AS FOLLOWS:
SECTION 1. Pursuant to § 11-47-131, Ala. Code 1975, § 11-67-20 through § 11-67-28, Ala. Code 1975, and § 11-67-68, Ala. Code 1975, as may be amended, this Ordinance requires the cutting of overgrown weeds, grass, or other vegetation; requires correction of conditions favorable to the harboring of mosquitoes, other insects of like kind, or rodents; provides for the abatement of such conditions favorable to the harboring of such insects or rodents; and provides penalties for the violation thereof
SECTION 2. Definitions.
- The word “person” as used in this Ordinance shall include and be applicable to business entities, corporations, and associations, as well as to individuals.
- “Service” under this Ordinance shall be by certified mail delivered to the owner of the premises found to be in violation of this Ordinance at the address that appears on record in the office of the tax assessor for the parcel at issue. If service cannot be completed by certified mail, service may be obtained by publication one time in the Clair News Aegis. In addition, notices provided by Sections 5, 12, and 14 of this Ordinance shall be posted on the premises where said overgrowth of weeds, grass, or other vegetation is found to exist.
SECTION 3. All weeds, grass, or other vegetation growing upon the streets, sidewalks, or upon private property within the City of Pell City, which bear seeds of a wingy or downy nature, which attain a large growth so as to become a fire menace when dry, which are favorable to the harboring of rats, mice, snakes, mosquitoes, and other vermin, insects, and pests, or which are otherwise noxious or dangerous, may be declared to be a public nuisance by the City Council of the City of Pell City, and thereafter abated as provided in this article. Any overgrowth of weeds, grass, or other vegetation twelve (12) inches or more in height shall be deemed to have attained a large growth so as to become a fire menace when dry and favorable to the harboring of rats, mice, snakes, mosquitoes, and other vermin, insects, and pests.
SECTION 4. Whenever any weeds, grass, or other vegetation are growing upon any street, sidewalk, or private property the City Council of the City of Pell City may, by resolution, declare the weeds, grass, or other vegetation 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, 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 streets, sidewalks, or parcels of private property, may be included in one resolution.
SECTION 5. After the passage of the resolution, notice of a public hearing on the matter shall be given by certified mail, return receipt requested, mailed 30 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 city clerk. The names shall not constitute a recommendation and the failure to include a list shall in no way affect the operation of this Ordinance.
Notice shall also be given by publication in a newspaper normally read by all segments of the population published in St. Clair County once a week for two consecutive weeks, or if no newspaper is published in St. Clair County, notice shall be given by radio or television. The first notice shall be published at least 14 days prior to the date of the scheduled hearing.
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:
NOTICE TO DESTROY WEEDS
Notice is hereby given that on the ______ day of ______, 2___ at ___ A.M./P.M. in the Council Chamber, the City Council of the City of Pell City will consider a resolution regarding the weeds growing upon or in front of the property ______ Street, in the City of ______, and more particularly described in the resolution, a copy of which is on file in the office of the City Clerk; and at that time and place will determine whether the weeds, grass, or other vegetation constitute a public nuisance which shall be abated by the removal of the noxious or dangerous weeds, grass, or other vegetation; and, if so, will order the abatement and removal of the nuisance, in which case the cost of abatement and removal shall be assessed upon the lots and lands from which or in front of which the weeds, grass, or other vegetation 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 amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. The amounts 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 City Clerk at least five days before the meeting of the City Council and unless the person appears before the City Council in person or through his or her 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 City 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 City Clerk, for further particulars.
Dated this ______ day of ______, 2___.
City of Pell City, Alabama
By:________________________
City Clerk
The notice shall be posted at least seven days prior to the time for hearing objections by the City Council of the City of Pell City.
SECTION 6. If objections are filed, at the time stated in said notice, the City Council of the City of Pell City shall hear and consider all evidence, objections, and protest regarding the proposed removal of weeds, grass, or other vegetation. The City Council may continue the hearing from time to time. Upon the conclusion of said hearing, the City 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 City Council, by passage of said 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 such property or part thereof. The decision of the City Council on the matter shall be deemed final and conclusive.
SECTION 7. After the City Council passes the resolution finding the conditions of the property to be a nuisance and ordering its abatement, all employees and duly authorized agents of the City of Pell City may enter upon private property for that purpose.
The City Council may at its option authorize private contractors, companies, enterprises, or individuals to abate and remove the nuisance. The City Council, by resolution, shall designate the contractors, companies, enterprises, or individuals who may perform the work. Those persons so designated may enter upon private property for purposes of abating or removing the nuisance. For purposes of this Ordinance compliance with the competitive bid law is not required.
Any property owner shall have the right to have any weeds, grass, or other vegetation removed at his or her own expense providing the removal is done prior to the commencing of the work by the employees or agents of the City of Pell City to do the same.
SECTION 8. The City Clerk of the City of Pell City 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 it or its employees, or by a duly authorized private contractor, company, enterprise, or individual, and shall render an itemized report in writing to the City Council of the City of Pell City showing the cost of removing the nuisance on each separate lot, or in front of the lot and before the report is submitted to the City Council, a copy of the report shall be posted for at least five days prior thereto on or near the chamber door of the City Council, together with a notice of the time when the report shall be submitted to the City Council for confirmation.
SECTION 9. At the time fixed for receiving and considering said report, the City Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating said nuisance and thereupon make such modifications in the report as they deem necessary, after which by motion or resolution said report shall be confirmed. The amounts of the cost for abating such nuisance in front of or upon the various parcels of land mentioned in said report shall hereinafter be referred to as “weed liens,” and as thus made and confirmed shall constitute a weed lien on said property for the amount of such weed liens, respectively. After confirmation of said reports, a copy shall be turned over to the tax collector of St. Clair County who, under the “Optional Method of Taxation,” is charged with the collection of the City’s municipal taxes pursuant to Sections 11-51-40 through 11-51-74, Ala. Code 1975; whereupon it shall be the duty of said county tax collector to add the amounts of the respective weed liens to the next regular bills for taxes levied against the said respective lots and parcels of land, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency.
SECTION 10. All resolutions authorizing abatement or removal of nuisances enacted prior to the passage of this Ordinance under the authority of any other act are hereby given full force and effect and the City may proceed to have said nuisances removed or abated by either the City or by a duly authorized private contractor, company, enterprise, or individual. The procedure for confirming the account report shall be in accord with the provisions of this Ordinance.
SECTION 11. Pursuant to § 11-67-68, Ala. Code 1975, in the case of any property on which overgrown grass or weeds have been previously abated in accordance with the terms of Sections 1 through 10 of this Ordinance or on which abatement has been attempted through the process as set forth in Sections 1 through 10 of this Ordinance, the City shall follow the procedures set forth in Sections 12 through 19 of this Ordinance to abate overgrown grasses and weeds for subsequent abatement.
SECTION 12. Whenever the City Manager of the City of Pell City, Alabama, or his designee, shall discover in the City any overgrowth of weeds, grass, or other vegetation in violation of this Ordinance on any property on which overgrown grass or weeds have been previously abated in accordance with the terms of Sections 1 through 10 of this Ordinance or on which abatement has been attempted through the process as set forth in Sections 1 through 10 of this Ordinance, the City Manager, or his designee, shall serve the owner of said premises, requiring the same to be cut and removed within seven (7) days from the date of service of said notice. Said notice shall be in substantially the following form:
“NOTICE”
To the owner(s) of the premises located at (here describing the property) in the City of Pell City, Alabama:
You are hereby notified that there exists on the above-mentioned property an overgrowth of weeds, grass, or other vegetation in violation of Ordinance No. 2018-____________.
You are hereby further notified that if said growth is not cut and removed within seven (7) days from this date that a notice will be issued requiring you to appear before the Municipal Judge of the City of Pell City, Alabama, the time and place to be fixed in said notice, then and there to show cause why said growth should not be declared a nuisance and an order issued.
Dated this the _______ day of ___________,___________
City of Pell City, Alabama
By: ____________________________________________
City Manager (or his designee)
SECTION 13. The notice required by the foregoing section shall be served upon the owner of the premises found to be in violation of this Ordinance and posted on said premises at least seven (7) days before the issuing of the notice to appear before the Municipal Judge.
SECTION 14. After the issuance of the notice as provided for in Section 12 of this Ordinance and the failure of the overgrown weeds, grass, or other vegetation to be cut and removed within the time specified in said notice, then in such event the City Manager, or his designee, shall serve notice to the owner of the premises found to be in violation of this Ordinance to appear before the Municipal Judge of the City of Pell City, Alabama, at a time and place to be fixed in said notice, and then and there to show cause why the said overgrowth of weeds, grass, or other vegetation should not be declared a nuisance, and an order issued requiring same to be cut and removed. Said notice shall be in substantially the following form:
“NOTICE”
To the owner(s) of the premises located at (here describing the property) in the City of Pell City, Alabama:
You are hereby notified that there exists on the above-mentioned property an overgrowth of weeds, grass, or other vegetation, in violation of Ordinance No. 2018-______ of the City of Pell City, Alabama. You are further notified that a hearing will be conducted by the Municipal Judge of the City of Pell City, Alabama, at City Hall at (time) on the (date), at which time and place you are directed to appear and show cause, if any you can, why the existence of said growth of weeds, grass, or other vegetation should not be declared a nuisance and an order issued requiring the same to be cut and removed.
You are hereby further notified that if said overgrowth is not removed by your court date and the Municipal Judge of the City of Pell City, Alabama orders that the said property is a nuisance, the City of Pell City, or its contractor, shall enter upon the above-described premises and shall proceed to cut and remove said overgrowth at your cost and expense, and shall certify the cost and expense, and shall assess the said cost against you and the above-described property, and that said expense will constitute a lien on said property.
Dated this the _______ day of ___________,___________
City of Pell City, Alabama
By: ____________________________________________
City Manager (or his designee)
SECTION 15. The notice required by the foregoing section shall be served upon the owner of the premises found to be in violation of this Ordinance and posted on said premises at least fourteen (14) days before the date fixed for the hearing before the Municipal Judge.
SECTION 16. At the time and place appointed in the notice provided for in Section 14 hereof, the Municipal Judge shall conduct a hearing for the purpose of determining whether the overgrowth of weeds, grass, or other vegetation complained of exists in violation of this Ordinance; and if the Municipal Judge finds the same constitutes a violation of this Ordinance, the Municipal Judge shall so declare the same and shall make an order requiring the cutting and removal of said overgrowth immediately from the making of said order.
SECTION 17. The owner of the premises found to be in violation of this Ordinance, who, having been served notice in accordance with Sections 12 and 14 of this Ordinance, shall fail to comply with the order of the Municipal Judge requiring the cutting and removal of such weeds, grass, or other vegetation, shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in this Ordinance.
SECTION 18. Persons violating provisions of this Ordinance are guilty of a misdemeanor, and if convicted, shall be punished as follows: For first time violations of any section or provisions of this Ordinance, the Municipal Judge shall impose a fine of not less than $50.00 for the first offense with maximum allowable by law; for the second violation of the same premises, a fine of not less than $100.00 shall be imposed with maximum allowable by law; and, for the third violation on the same premises, a fine of not less than $200.00 shall be imposed with maximum allowable by law. In addition, all violations shall include appropriate court costs.
SECTION 19. If the owner of the premises found to be in violation of this Ordinance shall fail to cut and remove the weeds, grass, or other vegetation by the court date, and following an order of the Municipal Judge of the City of Pell City, Alabama requiring the cutting and removal of said overgrowth, the City of Pell City, or its contractor, may enter upon said premises, and at the expense of the owner may proceed to cut and remove said weeds, grass, or other vegetation, at its discretion, by the most efficient means, and the City Manager of the City of Pell City, or his designee, is directed to keep an account of the expense of cutting and removing such weeds, grass, or other vegetation from each separate lot or premises; and in certifying the same to the City Council of the City of Pell City, Alabama, he or she shall report separately as to each piece of property from which the City of Pell City, or its contractor, has cut and removed said weeds, grass, or other vegetation, together with a description of said premises and the name of the owner and the total expense incurred in abating each such nuisance.
SECTION 20. After the abatement of any overgrown grass or weeds pursuant to the procedures provided in Sections 12 through 19 of this Ordinance, the reasonable costs of abatement shall be assessed and collected as a weed lien in the same manner as provided in Section 9 of this Ordinance. The City may assess the reasonable costs authorized against any lot or lots or parcel or parcels of land purchased by the State of Alabama or any purchaser at any sale for the nonpayment of taxes, and where an assessment is made against a lot or lots or parcel or parcels of land, a subsequent redemption thereof by a person authorized to redeem or the sale thereof by the state shall not operate to discharge, or in any manner affect the lien of the City for the assessment. A person redeeming the property or purchaser at a sale by the state of any lot or lots or parcel or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale to the state or purchaser for the nonpayment of taxes, shall take the same subject to the assessment.
SECTION 21. The terms of this Ordinance shall not apply to:
- Undeveloped woodlands or deforested land in the process of returning to a vegetative state, provided that the owner of said property demonstrates that the owner is implementing an intentional reforestation plan designed to restore and recreate areas of woodlands or forests on said property;
- Ornamental shrubbery and ground cover, provided that such uses are part of a landscaping theme and not associated with a general deterioration of the property;
- Cultivated row crops and garden plants in their respective growing seasons, provided, however, that this exception applies only to growing crops and garden plants and shall not be construed to permit any crops or gardens to become overgrown with weeds in violation of the remaining terms of this Ordinance;
- Cultivated hay crops in their respective growing season produced on property zoned for agricultural use, provided, however, that the owner of each such designated agricultural property shall be required to maintain an area of 150 feet from the abutting property lines of public rights-of-way or an occupied residential or business property free of all weeds, grass, or other vegetation twelve (12) inches or more in height; and,
- That portion of any parcel of land that is located outside an improved subdivision and that is located more than 150 feet from the abutting property lines of public rights-of-way or an occupied residential or business property.
SECTION 22. All sections of this Ordinance are hereby declared to be severable; and if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, phrases, clauses, sentences, paragraphs, and sections of this Ordinance.
SECTION 23. This Ordinance shall take effect immediately upon its passage and publication, as provided by law.
SECTION 24. Ordinance No. 2015 – 4435 and any other Ordinance, or portion thereof, in conflict with this Ordinance shall be and is hereby repealed on the effective date of this Ordinance.
ADOPTED AND APPROVED this the 23rd day of April, 2018.
/s/ James McGowan – Council President
ATTEST:
/s/ Penny Isbell – City Clerk
APPROVED this 23rd day of April, 2018.
/s/ William T. Pruitt, IV – Mayor
ATTEST:
/s/ Penny Isbell – City Clerk
CERTIFICATION
I, Penny Isbell, Clerk of the City of Pell City, hereby certify that the above Ordinance was duly adopted by the City Council of the City of Pell City at a regular meeting held on the 23rd day of April, 2018, and that same has been published in accordance with law in the St. Clair News Aegis on the 26th day of April, 2018.
/s/ City Clerk