11-67-10
Section 11-67-10 Procedures for abatement of repeat nuisances. (a) This section shall apply
only in Class 2 municipalities. (b) The city council in any Class 2 municipality may adopt
procedures for the abatement of repeat nuisances authorizing the mayor, or his or her designee,
without a resolution of the city council, to take actions as necessary to abate overgrown
grass and weeds on property that has previously been subject to abatement within the last
three years through the procedures in this chapter. The procedures adopted by the city council
shall provide for the sending of a letter to the last known address of the property owner
or owners by regular United States mail not less than 10 days prior to the order to abate
the nuisance. The notice to the owner or owners of the property shall inform the owner or
owners of all of the following: (1) That the mayor, or his or her designee, has declared the
property to be a nuisance. (2) That the city has previously abated a nuisance on...
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45-42A-24.02
Section 45-42A-24.02 Notice ordering abatement; hearing; appeal. (a) For purposes of this part,
the enforcing official shall mean either the mayor or such other city official or employee
as the mayor from time to time may designate. Whenever, in the opinion of the enforcing official,
a public nuisance exists as described in Section 45-42A-24.01, the enforcing official may
serve written notice upon the owner of the property on which the nuisance is located ordering
the abatement of the nuisance. (b) The notice shall require the owner to complete abatement
of the nuisance within 14 days from the date of the notice, provided that the enforcing official
may allow for additional time when it is reasonably required due to the difficulty of the
abatement or other unusual factors tending to necessitate additional time, but in no case
more than 28 days from the date of the notice. (c) The written notice shall require the owner
to abate the condition within the time stated in the notice or to...
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45-45A-41.21
Section 45-45A-41.21 Notice; hearing; appeal. (a) For purposes of this subpart, the enforcing
official shall mean either the mayor or such other city official or employee as the mayor
from time to time may designate. Whenever, in the opinion of the enforcing official, a public
nuisance exists as described in Section 45-45A-41.20, the enforcing official may serve written
notice upon the owner of the property on which the nuisance is located ordering the abatement
of the nuisance. (b) The notice shall require the owner to complete abatement of the nuisance
within 14 days from the date of the notice, provided that the enforcing official may allow
for additional time when it is reasonably required due to the difficulty of the abatement
or other unusual factors tending to necessitate additional time, but in no case more than
28 days from the date of the notice. (c) The written notice shall require the owner to abate
the condition within the time stated in the notice or to request a hearing...
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45-37A-53
Section 45-37A-53 Abatement of weeds. (a) All weeds growing upon private property within municipalities
of the state having a population of 300,000 inhabitants or more, according to the last or
any subsequent federal census, which bear seeds of a wingy or downy nature or attain such
a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous,
may be declared to be a public nuisance by the governing body of any such municipality, and
thereafter abated as in this section provided. (b) Whenever any such weeds are growing upon
any private property, the governing body of any such municipality may, by resolution, declare
the same to be a public nuisance. The resolution shall refer to the street by the name under
which it is commonly known, and describe the property upon which the nuisance exists by giving
a legal description thereof; and no other description of the property shall be required. Any
number of parcels of private property may be included in one...
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11-67-6
Section 11-67-6 Entry of municipal employees and agents on property to abate nuisance; abatement
by private contractor; right of owner to have weeds removed at own expense. 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 Class 2 municipality are hereby
expressly authorized to enter upon private property for that purpose. The city may at its
option authorize private contractors, companies, enterprises, or individuals to abate and
remove said nuisance. The council, by resolution, shall designate the contractors, companies,
enterprises, or individuals who may perform said work. Those persons so designated are hereby
authorized to enter upon private property for purposes of abating or removing said nuisance.
For purposes of this article compliance with the competitive bid law is not required. Any
property owner shall have the right to have any such weeds removed at...
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11-67-122
Section 11-67-122 Notice. (a) Whenever, in the opinion of the city official or any other city
employee designated by the mayor, a nuisance exists, the official shall order the owner of
the property on which the nuisance is located to abate the condition. (b) The enforcing official
shall give the owner written notice in person or by certified letter with signature of receipt
required. The notice shall require the owner to abate the condition within the time stated
in the notice or to request a hearing before an administrative official of the city designated
by the mayor or council to determine whether there is a nuisance. The notice shall apprise
the owner of the facts of the alleged nuisance and shall name the particular date, time, and
place for the hearing if requested by the owner. (c) The notice shall be sent to that person
shown by the records of the county to have been the last person assessed for payment of ad
valorem tax on the property where the nuisance is situated. It shall...
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11-67-42
Section 11-67-42 Notice. (a) Whenever in the opinion of the city official or any other city
employee designated by the mayor, a nuisance exists, the official shall order the owner of
the property on which the nuisance is located to abate the condition. (b) The enforcing official
shall give the owner written notice in person or by first class mail. The notice shall require
the owner to abate the condition within the time stated in the notice or to request a hearing
before an administrative official of the city designated by the mayor or council to determine
whether there has been a violation. The notice shall apprise the owner of the facts of the
alleged nuisance and shall name the particular date, time, and place for the hearing if requested
by the owner. (c) The notice shall be sent to that person shown by the records of the county
to have been the last person assessed for payment of ad valorem tax on the property where
the nuisance is situated. It shall be the responsibility of that...
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11-53A-23
Section 11-53A-23 Notice to require owner to abate nuisance or to request hearing. (a) The
notice shall require the owner to abate the nuisance within the time stated in the notice
or to request a hearing before the administrative officer designated by the mayor or council
to determine whether there has been a violation. The notice shall apprise the owner of the
facts of the alleged nuisance and shall name the particular date, time, and place for the
hearing, if requested. The notice shall contain the names of all owners and lienholders of
the property, a legal description of the property, and the nature of the proceeding. (b) The
notice shall be sent to the person shown by the records of the county tax collector to have
been the last person assessed for payment of ad valorem tax on the property where the nuisance
is situated. It shall be the responsibility of the person to promptly advise the appropriate
city official of any change of ownership or interest in the property. The...
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45-42A-24.03
Section 45-42A-24.03 Abatement of nuisance by municipal employees and agents; liability for
expenses. (a) If the owner fails, neglects, or refuses to abate the nuisance, or the nuisance
is not otherwise abated, (1) within the time permitted to do so as stated in the enforcing
official's notice, where such notice was not suspended by the request for a hearing before
the administrative official; or (2) within the time permitted to do so as stated in the administrative
official's written determination, then the city may enter upon the property and abate the
nuisance using its own forces, or it may provide by contract for the abatement. However, if
an appeal has been taken to the circuit court as provided in subsection (h) of Section 45-42A-24.02,
then the city may not abate the nuisance until the determination or judgment authorizing abatement
becomes final as provided by law. (b) Upon completion of the abatement work performed by the
city, including work by contractors employed by the...
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45-45A-41.22
Section 45-45A-41.22 Abatement of nuisance. (a) If the owner fails, neglects, or refuses to
abate the nuisance, or the nuisance is not otherwise abated, (1) within the time permitted
to do so as stated in the enforcing official's notice, where such notice was not suspended
by the request for a hearing before the administrative official; or (2) within the time permitted
to do so as stated in the administrative official's written determination, then the city may
enter upon the property and abate the nuisance using its own forces, or it may provide by
contract for the abatement. However, if an appeal has been taken to the circuit court as provided
in subsection (h) of Section 45-45A-41.21, then the city may not abate the nuisance until
the determination or judgment authorizing abatement becomes final as provided by law. (b)
Upon completion of the abatement work performed by the city, including work by contractors
employed by the city, the enforcing official shall compute the city's...
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