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HB498 ENROLLED
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HB498
SLD4377-2
By Representative Bracy (N & P)
RFD: Mobile County Legislation
First Read: 24-Feb-26
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First Read: 24-Feb-26
Enrolled, An Act,
Relating to the City of Prichard located in Mobile
County; to provide for the abatement of repeat overgrown grass
and weed nuisances; to provide for abandoned debris on private
property to be declared a public nuisance under certain
circumstances; to provide for the abatement and removal of
inoperable motor vehicles as public nuisances from private
property; to provide the procedures for the declaration of a
public nuisance; to provide for the collection by the
municipality of the costs through the addition of the costs to
ad valorem taxes and for enforcement by the county tax
collecting official; and to provide for liens on the property
under certain conditions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) ADMINISTRATIVE OFFICIAL. An individual designated
by the city to hear appeals for the purposes of this act. The
official may not be the same individual as the enforcing
official.
(2) ENFORCING OFFICIAL. The municipal official or
employee designated by the city to carry out the city's
requirements under this act.
(3) TAX COLLECTING OFFICIAL. The Mobile County Revenue
Commissioner.
Section 2. The Prichard City Council may declare any of
the following to be a public nuisance and require its
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the following to be a public nuisance and require its
abatement or removal:
(1) Any weed growing on a street, sidewalk, or private
property within the city which:
a. Bears seed of a wingy or downy nature;
b. Grows large enough to become a fire menace when dry;
or
c. Is otherwise noxious or dangerous.
(2) Any debris, including furniture, appliances, trash,
garbage, glass, metal, or tires, which is abandoned or
discarded on a street, sidewalk, or private property within
the city which:
a. Occupies a large area at risk of becoming a fire
menace;
b. Is a breeding ground for pests; or
c. Is otherwise noxious or dangerous.
(3)a. Any motor vehicle, trailer, recreational vehicle,
camper, or semitrailer that has remained on private property
and in view of the general public for 30 days or any greater
time period fixed by the city council and is inoperable.
b. Any motor vehicle, trailer, recreational vehicle,
camper, or semitrailer shall be inoperable if one of the
vehicle's mechanical components including the engine,
transmission, drive train, or wheels are missing or are
otherwise not functional.
c. An inoperable motor vehicle, trailer, recreational
vehicle, camper, or semitrailer may not be deemed a nuisance
under any of the following circumstances:
1. The motor vehicle has been rendered temporarily
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1. The motor vehicle has been rendered temporarily
incapable of being driven under its own motor power in order
to perform ordinary service or repair operations.
2. The motor vehicle is on the premises of a place of
business engaged in the wrecking or junking of motor vehicles.
3. The motor vehicle is on the premises of a place of
business engaged in the storage and sale of damaged or
theft-recovered vehicles for insurers.
4. The motor vehicle is kept in an enclosed building
completely shielded from the view of individuals on the
adjoining properties.
Section 3. (a)(1) If the city council, or another city
employee designated by the city council, determines that a
nuisance under Section 2 exists, the enforcing official shall
order the owner of the property on which the nuisance is
located to abate the condition.
(2) The enforcing official shall give the owner written
notice in-person or by first class U.S. mail. The notice shall
state the facts of the alleged nuisance and require the
condition to be abated within the time stated in the notice or
the owner to request a hearing before the administrative
official to determine whether there has been a violation.
(3) The notice shall be sent to the person who was the
last person assessed for the payment of ad valorem tax on the
property where the nuisance is situated, according to county
records. If the person no longer owns the property, the
individual shall promptly notify the enforcing official of the
change in ownership.
(4) The enforcing official shall post a copy of the
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(4) The enforcing official shall post a copy of the
notice in a conspicuous place on the property.
(5) The notice shall inform the owner to complete the
abatement of the nuisance within 10 days after the date of
notice. The enforcing official may stipulate additional time,
up to 28 days, to abate the nuisance.
(b)(1) A property owner, within five days after the
notice is posted, may request a hearing before the
administrative official to appeal the determination of the
enforcing official.
(2) During the hearing, any interested party may
present evidence and testimony. The hearing shall be open to
the public, and a record of the proceedings shall be kept as a
part of the public records of the city.
(3) The administrative official shall render a written
decision on the merits of the proposed abatement within five
days after the conclusion of the hearing. The enforcing
official shall notify the owner in-person or by first class
U.S. mail of the determination of the administrative official.
(4)a. If the administrative official determines that a
nuisance exists and should be abated, the written
determination of the administrative official shall inform the
owner of the requirement to complete the ordered abatement
within 10 days after the administrative official's decision,
or an additional amount of time not to exceed 28 days.
b. If the administrative official determines that a
nuisance does not exist, then the enforcing official's notice
to abate the nuisance is void. A determination that there is
no nuisance shall not preclude a subsequent notice concerning
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no nuisance shall not preclude a subsequent notice concerning
the same property.
Section 4. (a) Any individual aggrieved by a decision
of the administrative official at a hearing pursuant to
Section 3, within 10 days after the hearing, may appeal to the
Circuit Court of Mobile County upon filing a notice of appeal
and bond for security of costs with the clerk of the court.
Upon the filing of the notice of appeal and approval of the
bond, the clerk of the court shall serve a copy of the notice
of appeal on the municipal clerk and the appeal shall be
docketed in the circuit court as a preferred case.
(b) The clerk of the city, upon receipt of the notice,
shall file with the clerk of the court a copy of the record,
findings, and determination of the administrative official in
its proceedings.
(c) The circuit court shall not hear or accept any
further evidence outside of the evidence provided in
subsection (b). The review shall be conducted by the court
without a jury. The findings of the administrative official,
if supported by substantial evidence, shall be conclusive on
appeal. If the court finds that the determination of the
administrative official was unlawful under this act, the court
may vacate or modify the determination.
Section 5. (a) If the owner fails, neglects, or refuses
to abate the nuisance within the time period required pursuant
to Section 3, the city council may authorize city employees or
contractors to enter upon the property and abate the nuisance.
If a person has appealed the determination of the
administrative official pursuant to Section 4, the city may
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administrative official pursuant to Section 4, the city may
not authorize employees or contractors to abate the nuisance
until a final determination or judgment is made by the circuit
court.
(b) Upon completion of the abatement work by city
employees or contractors, the enforcing official shall compute
the expenses of the city for the abatement of the nuisance,
including the cost of labor, value of the use of equipment,
advertising expenses, postage, administrative expenses, legal
expense, and materials purchased. The enforcement officer
shall deliver by first class U.S. mail an itemized statement
of the expenses to the last known address of the owner of the
property. This notice shall be sent at least five days before
the city council considers the assessment of the cost against
the property at the hearing pursuant to subsection (c).
(c) The city council shall establish a time for a
hearing regarding the itemized statement created pursuant to
subsection (b). The city council shall receive and consider
the itemized statement during the hearing together with any
objections raised by the owner of the property. The city
council may make modifications to the statement as deemed
necessary and may pass a resolution to assess the cost to the
owner. The cost stated in the resolution shall constitute a
lien on the property and shall be referred to as a nuisance
lien on the property. A nuisance lien established pursuant to
this act is subject to and subordinate to any mortgage or
security interest recorded before the recordation of the
nuisance lien.
(d) The city council shall provide a copy of the
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(d) The city council shall provide a copy of the
resolution to the county tax collecting official. The county
tax collecting official shall add the costs of the nuisance
lien to the next regular bill for taxes levied against the
property subject to the nuisance lien, and the costs shall be
collected and remitted to the city at the same time and in the
same manner as ordinary municipal ad valorem taxes are
collected. The nuisance lien should be subject to the same
penalties and the same procedure under foreclosure and sale,
if delinquent, as ad valorem taxes. If foreclosure and sale is
due to a nuisance lien, the city shall reimburse the county
tax collecting official for all costs associated with the
foreclosure and sale unless costs are collected at the time of
sale.
(e) The municipal clerk may also file a certified copy
of the resolution showing the nuisance lien with the office of
the judge of probate.
Section 6. When a nuisance lien is made against a lot
or parcel of land, a subsequent redemption by a person
authorized to redeem or sale of the lot or parcel by the state
shall not operate to discharge, or in any manner affect, the
nuisance lien of the city. A redemptioner or purchaser of any
lot or parcel of land upon which a nuisance lien has been made
shall take the lot or parcel subject to the nuisance lien,
regardless of if the redemption or purchase was before or
after a sale to the state for the nonpayment of taxes.
Section 7. Upon payment of the nuisance lien, the city
clerk shall notify the county tax collecting official and may
file a notice of satisfaction of the nuisance lien in the
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file a notice of satisfaction of the nuisance lien in the
records of the probate court.
Section 8. This act shall become effective on June 1,
2026.
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2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 31-Mar-26.
John Treadwell
Clerk
Senate 02-Apr-26 Passed
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