Page 1 ORDINANCE NO: _ i919 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 mon 5 1 11 1 1 8 1031 1490 48 23 96.560616 any 5 1 11 1 1 9 1086 1486 75 26 96.214050 street, 5 1 11 1 1 10 1171 1484 114 29 96.962250 sidewalk, 5 1 11 1 1 11 1296 1492 28 17 96.704178 or 5 1 11 1 1 12 1330 1484 89 31 96.962990 private 4 1 11 1 2 0 507 1518 964 35 -1 5 1 11 1 2 1 507 1521 109 28 93.878670 property 5 1 11 1 2 2 624 1518 38 25 96.855629 the 5 1 11 1 2 3 672 1518 131 32 96.399124 governing 5 1 11 1 2 4 812 1519 65 31 96.569183 body 5 1 11 1 2 5 885 1520 31 24 96.839302 of 5 1 11 1 2 6 919 1527 46 24 96.839302 any 5 1 11 1 2 7 974 1519 31 26 96.333878 of 5 1 11 1 2 8 1009 1521 43 24 96.333878 the 5 1 11 1 2 9 1063 1521 53 31 96.945641 City 5 1 11 1 2 10 1124 1522 29 24 95.476280 of 5 1 11 1 2 11 1156 1521 111 30 95.476280 Prichard, 5 1 11 1 2 12 1277 1522 116 30 96.326752 Alabama, 5 1 11 1 2 13 1414 1531 57 22 96.790138 may, 4 1 11 1 3 0 508 1555 883 37 -1 5 1 11 1 3 1 508 1555 30 31 96.593658 by 5 1 11 1 3 2 545 1556 127 26 96.593658 resolution 5 1 11 1 3 3 681 1557 33 24 96.748039 of 5 1 11 1 3 4 716 1557 40 24 96.748039 the 5 1 11 1 3 5 766 1558 130 30 96.692284 governing 5 1 11 1 3 6 904 1558 71 30 96.692284 body, 5 1 11 1 3 7 986 1558 97 25 96.411774 declare 5 1 11 1 3 8 1090 1559 39 25 96.411774 the 5 1 11 1 3 9 1138 1560 78 24 96.571472 weeds 5 1 11 1 3 10 1224 1563 24 22 96.941277 to 5 1 11 1 3 11 1257 1561 28 24 96.241432 be 5 1 11 1 3 12 1294 1569 14 15 96.241432 a 5 1 11 1 3 13 1314 1560 77 32 96.911110 public 4 1 11 1 4 0 507 1594 428 27 -1 5 1 11 1 4 1 507 1594 107 25 89.719551 nuisance 5 1 11 1 4 2 623 1595 45 24 86.923485 and 5 1 11 1 4 3 677 1595 72 25 96.372971 order 5 1 11 1 4 4 757 1595 30 25 96.508904 its 5 1 11 1 4 5 796 1595 139 26 96.137917 abatement. 2 1 12 0 0 0 402 1665 1048 222 -1 3 1 12 1 0 0 402 1665 1048 222 -1 4 1 12 1 1 0 402 1665 968 39 -1 5 1 12 1 1 1 402 1665 40 39 85.388885 (b) 5 1 12 1 1 2 505 1670 49 24 97.013458 The 5 1 12 1 1 3 562 1671 129 24 96.296379 resolution 5 1 12 1 1 4 699 1671 59 27 94.189445 shall 5 1 12 1 1 5 766 1671 61 25 95.714676 refer 5 1 12 1 1 6 834 1674 27 22 96.646912 to 5 1 12 1 1 7 870 1672 41 24 96.979385 the 5 1 12 1 1 8 919 1675 72 21 96.103226 street 5 1 12 1 1 9 1000 1672 35 31 96.103226 by 5 1 12 1 1 10 1041 1673 42 25 96.794708 the 5 1 12 1 1 11 1091 1681 66 19 96.417091 name 5 1 12 1 1 12 1165 1674 73 25 96.825500 under 5 1 12 1 1 13 1246 1674 73 25 95.930847 which 5 1 12 1 1 14 1326 1674 17 25 95.930847 it 5 1 12 1 1 15 1351 1674 19 25 96.249290 is 4 1 12 1 2 0 505 1708 935 34 -1 5 1 12 1 2 1 505 1708 132 32 96.172958 commonly 5 1 12 1 2 2 645 1708 95 30 96.402237 known, 5 1 12 1 2 3 751 1709 106 25 96.777206 describe 5 1 12 1 2 4 865 1710 41 25 97.002243 the 5 1 12 1 2 5 912 1714 117 28 96.809204 property 5 1 12 1 2 6 1037 1719 68 23 96.942986 upon 5 1 12 1 2 7 1111 1711 75 26 96.153168 which 5 1 12 1 2 8 1194 1720 27 17 96.688599 or 5 1 12 1 2 9 1229 1712 24 26 95.825706 in 5 1 12 1 2 10 1259 1713 60 25 96.834427 front 5 1 12 1 2 11 1328 1713 30 25 96.834427 of 5 1 12 1 2 12 1362 1713 78 24 96.966064 which 4 1 12 1 3 0 503 1746 902 36 -1 5 1 12 1 3 1 503 1746 39 25 96.196655 the 5 1 12 1 3 2 551 1746 107 26 96.196655 nuisance 5 1 12 1 3 3 668 1748 73 24 96.931442 exists 5 1 12 1 3 4 749 1748 34 30 96.512512 by 5 1 12 1 3 5 790 1748 104 31 93.470909 giving 5 1 12 1 3 6 876 1742 16 44 93.470909 a 5 1 12 1 3 7 901 1749 62 30 96.747139 legal 5 1 12 1 3 8 970 1750 148 31 96.350906 description 5 1 12 1 3 9 1126 1750 29 25 96.914955 of 5 1 12 1 3 10 1158 1750 38 25 96.781532 the 5 1 12 1 3 11 1205 1754 107 28 96.781532 property 5 1 12 1 3 12 1319 1751 45 25 96.957268 and 5 1 12 1 3 13 1372 1758 33 18 96.986221 no 4 1 12 1 4 0 503 1784 947 36 -1 5 1 12 1 4 1 503 1784 67 25 96.599884 other 5 1 12 1 4 2 579 1785 142 32 96.438354 description 5 1 12 1 4 3 729 1786 31 24 96.438354 of 5 1 12 1 4 4 764 1786 40 25 96.833038 the 5 1 12 1 4 5 811 1791 113 27 96.957458 property 5 1 12 1 4 6 932 1787 59 25 82.752930 shall 5 1 12 1 4 7 1000 1788 32 24 96.943039 be 5 1 12 1 4 8 1040 1788 113 32 95.140785 required. 5 1 12 1 4 9 1163 1789 54 31 96.667419 Any 5 1 12 1 4 10 1224 1789 92 25 96.817642 number 5 1 12 1 4 11 1325 1790 29 24 96.541290 of 5 1 12 1 4 12 1359 1792 91 27 96.929169 streets, 4 1 12 1 5 0 503 1823 828 34 -1 5 1 12 1 5 1 503 1823 127 30 96.837852 sidewalks, 5 1 12 1 5 2 643 1832 26 17 96.982979 or 5 1 12 1 5 3 677 1825 93 30 96.896523 parcels 5 1 12 1 5 4 779 1825 32 24 95.338844 of 5 1 12 1 5 5 813 1825 90 31 95.338844 private 5 1 12 1 5 6 910 1829 123 28 96.851379 property, 5 1 12 1 5 7 1044 1835 55 22 96.442856 may 5 1 12 1 5 8 1107 1827 28 24 96.442856 be 5 1 12 1 5 9 1144 1826 104 26 96.540123 included 5 1 12 1 5 10 1256 1828 23 24 96.540123 in 5 1 12 1 5 11 1287 1836 44 16 96.921730 one 4 1 12 1 6 0 501 1861 133 26 -1 5 1 12 1 6 1 501 1861 133 26 96.470078 resolution. 2 1 13 0 0 0 820 1969 38 23 -1 3 1 13 1 0 0 820 1969 38 23 -1 4 1 13 1 1 0 820 1969 38 23 -1 5 1 13 1 1 1 820 1969 38 23 3.856956 -l- Page 2 Notice of Public Hearing. (@) (b) (c) (d) 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 property of the time, date, and place of the hearing and the reason for the hearing. The notice shall be to the owner of the property asthe information, | appears on recordin the Office of the Tax Assessor. All \ ties shall carrya list of names of persons or private contractors, or both| who perform thos rk and are registered with the city clerk. The names shall not constitute areco dation and the failfite to include a list stpilin no way affect the operat atjon Of. this Ordinance. So be given by publication in a newspaper normally read by all segments of the population published in Mobile County once a week for In addition 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 Qe 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 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. 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 > ,20_. City of Prichard, Alabama By: City Clerk Page 4 Hearing -- Decision of governing body. (a) —_ 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. (6) 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. (c) 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 muisance. (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 nvicon-= 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. (d) Any property owner shall have the right 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 eee? 8. Account of cost. (a) @) Lien for costs. (a) (b) © 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 shall 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 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 14 1 3 7 1070 1348 77 30 88.616295 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 15 1 3 2 740 1572 103 25 96.646858 Method 5 1 15 1 3 3 851 1573 34 25 96.985573 of 5 1 15 1 3 4 887 1574 138 31 92.006989 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 1 1-67- 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 nnisdnces 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 nnisances 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 gin _ day of November, 2003. APPROVED: hA eo" LaAAGn XRDEN, Mayor ATTESTED: OW jitaw Pde oben) ! DARLENE PALMER LEWIS, City Clerk 6.