11-67-5
Section 11-67-5 Hearing procedure; decision of council; jurisdiction to remove weeds; finality
of decision. If objections are filed, at the time stated in said notice, the council of the
City of Mobile 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. 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. 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. (Acts 1988, No. 88-329,
p. 496, §5.)...
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45-20-172.04
Section 45-20-172.04 Hearing. Within the time specified in the notice, but not more than 14
days from the date the notice is given, any person, firm, or corporation, may file a written
request for a hearing before the governing body of the city, together with objections to the
finding by the city governing body that the weeds constitute a public nuisance. The filing
of the request shall hold in abeyance any action on the finding of the city governing body
until a determination thereon is made by the city governing body. The hearing shall be held
not less than five nor more than 30 days after the request. In the event that no hearing is
timely requested, the mayor of the city governing body shall order the weeds to be abated
as hereinafter provided. (Act 94-540, p. 991, Art. II, §4.)...
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45-3-171.08
Section 45-3-171.08 Hearings on weeds. Within the time specified in the notice, but not more
than 14 days from the date the notice is given, any person, firm, or corporation, may file
a written request for a hearing before the governing body of the city, together with objections
to the finding by the city governing body that the weeds constitute a public nuisance. The
filing of the request shall hold in abeyance any action on the finding of the city governing
body until a determination thereon is made by the city governing body. The hearing shall be
held not less than five nor more than 30 days after the request. In the event that no hearing
is timely requested, the mayor of the city governing body shall order the weeds to be abated
as hereinafter provided. (Act 97-886, 1st Sp. Sess., p. 242, Art. II, §4; Act 97-929, p.
382, Art. II, §4.)...
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45-20-172.02
Section 45-20-172.02 Report of appropriate city official; resolution declaring a public nuisance.
(a) The term "appropriate city official" as used in this subpart shall mean any
city official or employee designated by the mayor or other chief executive officer of the
city as the person to exercise the authority and perform the duties delegated by this subpart
to the appropriate city official. (b) The appropriate city official shall report to the city
governing body whenever weeds are growing upon any street, sidewalk, or private property which
constitute a nuisance. Upon receiving a report, the city governing body may declare the same
to be a public nuisance and order its abatement. (Act 94-540, p. 991, Art. II, §2.)...
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22-23-53
Section 22-23-53 Public nuisances. Anything done, maintained or suffered in violation of any
of the provisions of this article shall be deemed to be a public nuisance and dangerous to
health, and may be abated, summarily or otherwise, by the board in a manner prescribed by
law. (Acts 1977, No. 805, p. 1389, §22.)...
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45-3-171.04
Section 45-3-171.04 Report of appropriate city official; resolution declaring a public nuisance.
The term appropriate city official as used in Section 45-3-171.02 to 45-3-171.14, inclusive,
shall mean any city official or employee designated by the mayor or other chief executive
officer of the city as the person to exercise the authority and perform the duties delegated
by those sections to be "appropriate city official." The appropriate city official
shall report to the city governing body whenever weeds are growing upon any street, sidewalk,
or private property which constitute a nuisance. Upon receiving a report, the city governing
body may declare the same to be a public nuisance and order its abatement. (Act 97-886, 1st
Sp. Sess., p. 242, Art. II, §2; Act 97-929, p. 382, Art. II, §2.)...
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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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45-20-172.03
Section 45-20-172.03 Notice to owner; contents; posting of signs. After the passage of a resolution,
the appropriate city official shall send notice of the action to the last person or persons,
firm, association, or corporation last assessing the property for state taxes, by certified
or registered mail to the address on file in the revenue commissioner's office to remedy the
growth of weeds within a reasonable time set out in the notice, not to exceed 14 days or suffer
the weeds to be abated by the city and the cost thereof assessed against the property. The
mailing of the certified or registered notice, properly addressed and postage prepaid, shall
constitute notice as required herein. The city shall also place a sign conspicuously on the
property indicating that the city governing body has found the property to be a public nuisance
because of the unlawful growth of weeds. (Act 94-540, p. 991, Art. II, §3.)...
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45-3-171.06
Section 45-3-171.06 Notice to owner; contents; posting of signs. After the passage of a resolution,
the appropriate city official shall send notice of the action to the last person or persons,
firm, association, or corporation last assessing the property for state taxes, by certified
or registered mail to the address on file in the revenue commissioner's office to remedy the
growth of weeds within a reasonable time set out in the notice, not to exceed 14 days or suffer
the weeds to be abated by the city and the cost thereof assessed against the property. The
mailing of the certified or registered notice, properly addressed and postage prepaid, shall
constitute notice as required herein. The city shall also place a sign conspicuously on the
property indicating that the city governing body has found the property to be a public nuisance
because of the unlawful growth of weeds. (Act 97-886, 1st Sp. Sess., p. 242, Art. II, §3;
Act 97-929, p. 382, Art. II, §3.)...
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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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