Page 1 ORDINANCE NO: _j919 WEED ABATEMENT ORDINANCE. OF THE CITY OF PRICHARD, ALABAMA Sponsored by: Ossia Edwards, Councilwoman BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICHARD, ALABAMA, AS FOLLOWS: 1. Authority and Name. This ordinance is adopted pursuant to Section 11-67-20 Code of Alabama 1975, as amended, and shall be known as the Weed Abatement Ordinance. 2, Definitions. The following words and phrases shall have the following meaning: a) Weeds. All weeds growing upon the streets, sidewalks, or upon private property within the City of Prichard, Alabama, which bear seeds of a wingy or downy nature, which attain a large growth so as to become a fire menace when dry, or which are otherwise noxious or dangerous. b) Governing body. The City Council of the City of Prichard, Alabama. 3. Weeds as Public Nuisance. (a) Whenever any weeds are growing non 5 1 13 1 1 8 1026 1492 47 22 96.903404 any 5 1 13 1 1 9 1081 1489 73 25 96.246468 street, 5 1 13 1 1 10 1164 1486 114 29 96.341576 sidewalk, 5 1 13 1 1 11 1289 1494 26 16 96.761665 or 5 1 13 1 1 12 1322 1487 89 30 96.761665 private 4 1 13 1 2 0 502 1520 962 35 -1 5 1 13 1 2 1 502 1522 110 28 96.146393 property 5 1 13 1 2 2 621 1520 37 24 96.970154 the 5 1 13 1 2 3 669 1520 130 31 95.862503 governing 5 1 13 1 2 4 808 1521 63 30 96.895317 body 5 1 13 1 2 5 879 1522 31 24 94.154282 of 5 1 13 1 2 6 913 1529 46 23 94.154282 any 5 1 13 1 2 7 968 1522 32 24 96.893188 of 5 1 13 1 2 8 1004 1523 42 24 96.999580 the 5 1 13 1 2 9 1058 1523 52 31 96.984138 City 5 1 13 1 2 10 1118 1524 29 23 96.550362 of 5 1 13 1 2 11 1150 1524 111 29 96.550362 Prichard, 5 1 13 1 2 12 1270 1524 115 30 96.283234 Alabama, 5 1 13 1 2 13 1406 1533 58 22 96.944939 may, 4 1 13 1 3 0 503 1557 880 36 -1 5 1 13 1 3 1 503 1557 30 30 96.985321 by 5 1 13 1 3 2 539 1558 130 24 95.855095 resolution 5 1 13 1 3 3 677 1558 32 24 96.924973 of 5 1 13 1 3 4 713 1558 39 25 96.825249 the 5 1 13 1 3 5 762 1559 128 31 96.987755 governing 5 1 13 1 3 6 898 1560 70 30 96.975365 body, 5 1 13 1 3 7 980 1560 97 25 95.706818 declare 5 1 13 1 3 8 1085 1561 39 24 96.968826 the 5 1 13 1 3 9 1131 1562 78 23 96.637253 weeds 5 1 13 1 3 10 1216 1565 25 21 95.604263 to 5 1 13 1 3 11 1250 1562 28 24 96.944710 be 5 1 13 1 3 12 1287 1570 13 15 96.878075 a 5 1 13 1 3 13 1307 1562 76 31 96.846893 public 4 1 13 1 4 0 502 1595 427 27 -1 5 1 13 1 4 1 502 1595 108 24 96.257210 nuisance 5 1 13 1 4 2 619 1596 45 24 97.006966 and 5 1 13 1 4 3 674 1596 70 25 96.886177 order 5 1 13 1 4 4 753 1597 31 23 96.740005 its 5 1 13 1 4 5 792 1597 137 25 96.746101 abatement. 2 1 14 0 0 0 403 1670 1039 218 -1 3 1 14 1 0 0 403 1670 1039 218 -1 4 1 14 1 1 0 403 1670 960 34 -1 5 1 14 1 1 1 403 1670 36 31 0.000000 (b) 5 1 14 1 1 2 467 1666 22 43 64.416580 — 5 1 14 1 1 3 501 1671 49 24 95.690582 The 5 1 14 1 1 4 559 1672 129 24 95.690582 resolution 5 1 14 1 1 5 696 1672 58 27 95.044983 shall 5 1 14 1 1 6 762 1673 61 24 91.609123 refer 5 1 14 1 1 7 830 1676 26 21 95.012596 to 5 1 14 1 1 8 865 1674 40 23 96.584389 the 5 1 14 1 1 9 913 1677 72 21 96.584389 street 5 1 14 1 1 10 995 1674 35 30 96.918610 by 5 1 14 1 1 11 1036 1675 43 24 96.723831 the 5 1 14 1 1 12 1086 1683 65 18 96.964622 name 5 1 14 1 1 13 1159 1676 72 24 96.614647 under 5 1 14 1 1 14 1240 1676 72 24 96.769669 which 5 1 14 1 1 15 1319 1677 16 24 96.553879 it 5 1 14 1 1 16 1344 1676 19 24 96.553879 is 4 1 14 1 2 0 500 1710 933 34 -1 5 1 14 1 2 1 500 1710 134 30 96.580421 commonly 5 1 14 1 2 2 641 1710 95 30 96.139130 known, 5 1 14 1 2 3 748 1711 105 24 96.717491 describe 5 1 14 1 2 4 860 1712 40 24 96.659760 the 5 1 14 1 2 5 907 1716 117 27 96.763474 property 5 1 14 1 2 6 1032 1721 67 23 96.458282 upon 5 1 14 1 2 7 1106 1713 73 25 96.600685 which 5 1 14 1 2 8 1188 1722 27 16 96.505821 or 5 1 14 1 2 9 1223 1714 23 24 96.505821 in 5 1 14 1 2 10 1252 1714 60 25 96.880699 front 5 1 14 1 2 11 1321 1715 29 24 96.971428 of 5 1 14 1 2 12 1354 1714 79 25 96.722580 which 4 1 14 1 3 0 499 1748 898 36 -1 5 1 14 1 3 1 499 1748 38 24 96.727150 the 5 1 14 1 3 2 547 1748 108 25 96.727150 nuisance 5 1 14 1 3 3 665 1749 72 24 96.040604 exists 5 1 14 1 3 4 746 1749 33 31 96.040604 by 5 1 14 1 3 5 787 1749 101 31 50.065327 giving’ 5 1 14 1 3 6 872 1744 12 44 50.065327 a 5 1 14 1 3 7 895 1750 62 31 96.783241 legal 5 1 14 1 3 8 964 1751 149 31 96.639252 description 5 1 14 1 3 9 1120 1752 29 25 96.464142 of 5 1 14 1 3 10 1152 1752 38 25 95.932869 the 5 1 14 1 3 11 1198 1756 107 28 95.932869 property 5 1 14 1 3 12 1312 1753 45 24 96.856117 and 5 1 14 1 3 13 1364 1760 33 17 96.856117 no 4 1 14 1 4 0 499 1786 943 36 -1 5 1 14 1 4 1 499 1786 67 25 96.955803 other 5 1 14 1 4 2 575 1787 142 32 96.242439 description 5 1 14 1 4 3 725 1787 32 25 96.242439 of 5 1 14 1 4 4 760 1788 41 25 96.917191 the 5 1 14 1 4 5 807 1792 112 28 96.659462 property 5 1 14 1 4 6 926 1789 60 25 96.659462 shall 5 1 14 1 4 7 995 1789 32 25 96.973930 be 5 1 14 1 4 8 1036 1790 111 32 96.696159 required. 5 1 14 1 4 9 1157 1791 52 30 96.696159 Any 5 1 14 1 4 10 1217 1791 92 24 96.997177 number 5 1 14 1 4 11 1318 1792 29 24 96.906357 of 5 1 14 1 4 12 1352 1795 90 26 81.391289 streets, 4 1 14 1 5 0 498 1824 826 35 -1 5 1 14 1 5 1 498 1824 130 31 96.799934 sidewalks, 5 1 14 1 5 2 639 1833 27 17 96.477715 or 5 1 14 1 5 3 673 1826 93 31 96.477715 parcels 5 1 14 1 5 4 775 1826 32 24 96.177902 of 5 1 14 1 5 5 809 1827 88 30 96.177902 private 5 1 14 1 5 6 905 1831 124 27 96.742256 property, 5 1 14 1 5 7 1039 1836 55 23 96.706734 may 5 1 14 1 5 8 1102 1829 27 24 96.706734 be 5 1 14 1 5 9 1138 1829 103 24 96.656898 included 5 1 14 1 5 10 1250 1830 23 24 96.978279 in 5 1 14 1 5 11 1280 1838 44 16 96.928688 one 4 1 14 1 6 0 497 1863 133 25 -1 5 1 14 1 6 1 497 1863 133 25 96.763100 resolution. 2 1 15 0 0 0 817 1970 37 24 -1 3 1 15 1 0 0 817 1970 37 24 -1 4 1 15 1 1 0 817 1970 37 24 -1 5 1 15 1 1 1 817 1970 37 24 50.966663 -1- Page 2 Notice of Public Hearing. @) After the passage of the resolution, notice ofa public hearing on the matter shall be given by certified mail, retum receipt requested, mailed"30 days prior to the date of the hearing and shall. inform the owner of the property of the time, date, and place of the hearing and the Teason for the hearing. The notice shall be m: to the owner of the property as.the information. | appears on record.in th¢ Office of the Tax Assessor. (b) Allnotices shall carrya list of names of persons or private contractors, or both, who perform the weprk and are registered with the city clerk. The iw names shall nof constitute areco tion and the failfite to include a list sipllnne ‘way affect the operatjon Of this Ordinance. “\ {c) (d) — Inaddition to the notice requirements contained in this section, two (2) signs shall be conspicuously posted on the property at least seven days prior to the time for hearing objections by the governing body of the City of Prichard. 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 ,20__,at A.M./P.M. in the council chamber, the City Council of the City of Prichard will consider a resolution regarding the weeds growing upon or in front of Street, in the City of Prichard, Alabama , 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 constitute a public nuisance which shall be -2- Page 3 abated by the removal of the noxious or dangerous weeds; 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 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 mamner 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, Ifno objections are filed with the city 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 representative to show cause, if any, why his or her objection should be sustained, it shall be presumed that the person accepts this 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 city clerk, for further particulars. City of Prichard, Alabama By: City Clerk Dated this day of City of Prichard, Alabama By: City Clerk -3- Page 4 ©) (c) -- Decision of governing body. If objections are filed, at the time stated in said notice, the City Council of shall hear and consider all evidence, objections and protest regarding the proposed removal of weeds. The council may continue the hearing from time to time. Upon the conclusion of said hearing, the 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 governing body, 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 governing body on the matter shall be deemed final and conclusive. Right of entry -- Private contractors. (a) After the 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 Prichard may enter upon private property for that purpose. (b) — The council may at its option authorize private contractors, companies, enterprises, or individuals to abate and remove the nuisance. (c) The 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 mieon-2 For purposes of this subsection and pursuant to Section 11-67-25, Code of Alabama 1975, as amended, compliance with the competitive bid law is not required, (dq) Any property owner shall have the Tight to have any weeds 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 Prichard to do the same. Page 5 Account of cast. () () The City of Prichard 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 shail render an itemized report in writing to the governing body of the municipality showing the cost of removing the nuisance on each separate lot, or in front of the lot. Before the itemized report is submitted to the governing body, a copy of the report shall be posted for at least five days prior thereto on or near the chamber door of the governing body, together with a notice of the time when the report shall be submitted to the 8. Lien for costs. @ (b) © governing body for confirmation. . At the time fixed for receiving and considering itemized report, the governing body 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 5 1 15 1 3 7 1066 1349 76 31 96.391518 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 Mobile County, Alabama, who, under the Optional 5 1 16 1 3 2 736 1574 102 25 96.971863 Method 5 1 16 1 3 3 846 1576 33 24 96.976196 of 5 1 16 1 3 4 882 1576 137 30 96.424408 Taxation, is charged with the collection of the city's municipal taxes pursuant to 11-51-40 through 11-51-74; whereupon said county tax collector, pursuant to Sections 11-67- 27, for the 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, for said amounts to 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 5 Page 6 of delinquency. 9. . Prior proceedings. *(a) All resolutions authorizing abatement or removal of nuisances enacted prior to the passage of this ordinance and Section 11-67-28 or 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. . (b) All account reports previously confirmed prior to the enactment of Section 11-67-28 are hereby given full force and effect and the city may proceed to collect these special assessments in the same manner as provided by prior law. 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ll. This ordinance shall become effective immediately upon its adoption and publication as required by law. ADOPTED this the 6th _ day of November, 2003. APPROVED: CHARLES E. ah au Mayor ATTESTED: L Pln, Sun) DARLENE PALMER LEWIS, City Clerk ~6-