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 such nuisances at their own expense. The new provisions expand the definition of nuisances to include not only weeds but also various types of debris like furniture, appliances, trash, and tires, particularly if they pose risks such as fire hazards or pest breeding grounds. Key changes include the insertion of criteria for declaring debris a nuisance, a structured abatement process initiated by a municipal resolution, and a notification system for property owners through certified mail and public notices. The costs incurred for abatement will be assessed as a lien on the property.

Additionally, the bill replaces specific references to the "City of Mobile" with "Class 2 municipality," broadening the applicability of the law. It mandates that councils hear objections regarding proposed abatement and allows for the use of private contractors without competitive bidding. The bill also streamlines the process for addressing repeat nuisances, enabling the mayor or designee to act without a council resolution if the property has been previously abated within the last three years. Municipalities are required to maintain detailed accounts of abatement costs and provide itemized reports to the governing body. The act is set to take effect on October 1, 2025.

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