The bill HB104 amends the Code of Alabama 1975 to empower Class 2 municipalities to declare certain abandoned or discarded debris as public nuisances, requiring property owners to abate or remove them at their own expense. The new provisions expand the definition of nuisances to include not only weeds but also various types of debris such as furniture, appliances, trash, and tires, particularly if they pose risks like fire hazards or pest breeding grounds. Key changes include the insertion of criteria for declaring debris a nuisance, a mandated resolution process by the governing body, and a detailed notification process for property owners, which involves certified mail, public notices, and postings on the property. The bill also clarifies that costs incurred for abatement will be assessed as a lien on the property until paid.

Additionally, the bill replaces "City of Mobile" with "Class 2 municipality" to broaden its applicability and requires councils to hear objections regarding proposed abatement actions. It allows for private contractors to be authorized for nuisance removal without competitive bidding and enables property owners to address nuisances at their own expense before municipal action. Municipalities are mandated to maintain detailed accounts of abatement costs and provide itemized reports. The bill streamlines the process for addressing repeat nuisances, allowing the mayor or designee to act without a council resolution, provided property owners are notified. The changes are set to take effect on October 1, 2025, following the bill's passage through both legislative chambers.

Statutes affected:
Introduced: 11-67-2, 11-67-3, 11-67-4, 11-67-5, 11-67-6, 11-67-7, 11-67-8, 11-67-10
Enrolled: 11-67-2, 11-67-3, 11-67-4, 11-67-5, 11-67-6, 11-67-7, 11-67-8, 11-67-10