The bill HB104 amends the Code of Alabama 1975 to empower Class 2 municipalities to declare certain abandoned or discarded debris, including weeds, furniture, appliances, trash, and tires, as public nuisances. This declaration allows municipalities to require the abatement or removal of such nuisances at the property owner's expense. Key provisions include the establishment of criteria for identifying nuisances, procedural requirements for municipalities to issue abatement resolutions, and notice requirements for property owners, which involve notification via certified mail and publication in local newspapers. The bill also clarifies the process for assessing abatement costs against properties, establishing a lien until these costs are paid.
Additionally, the bill broadens the applicability of nuisance laws by replacing "City of Mobile" with "Class 2 municipality" and introduces a process for handling repeat nuisances, allowing the mayor or designee to act without a council resolution if a property has been previously subject to abatement within the last three years. Property owners are given the option to address nuisances at their own expense before municipal action is taken. The bill also outlines the procedures for reporting and collecting abatement costs as part of municipal taxes. The act is set to take effect on October 1, 2025, following its passage in both the House and Senate.
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