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SB276 ENROLLED
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SB276
HG5EI36-2
By Senator Weaver (N & P)
RFD: Shelby County Legislation
First Read: 10-Feb-26
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SB276 Enrolled
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First Read: 10-Feb-26
Enrolled, An Act,
Relating to the City of Alabaster; to provide for the
abatement of plants which become a nuisance under certain
conditions; to provide for notice to property owners; to
provide for the assessment of costs for abatement; to provide
for the collection of costs; and to provide for liens in
certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The Mayor of the City of Alabaster shall
designate a city official or employee to serve as the
enforcing official for public nuisances related to plants in
the city.
(b) The enforcing official may serve written notice
upon the owner of any property in the city informing the owner
that a nuisance is located on the property and ordering the
abatement of the nuisance.
(c)(1) The written notice shall require the owner to
complete the abatement of the nuisance within 14 days from
service of the notice. Upon finding that the difficulty of the
abatement or other unusual factors necessitate additional
time, the enforcing official may provide the owner up to 28
days from service of the notice to complete the abatement.
(2) The written notice shall notify the owner that, in
lieu of completing the abatement within the time stated in the
notice, the owner may appear at a hearing before the
administrative official to determine whether the conditions on
the property constitute a public nuisance that should be
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the property constitute a public nuisance that should be
abated. The owner shall notify the enforcing official of the
owner's intent to appear at the hearing within five days of
service of the written notice. The hearing shall take place at
least 10 days after service of the written notice.
(3) The written notice shall apprise the owner of the
facts of the alleged nuisance, including a description or
address of the property that provides reasonable notice of its
location; the address of the enforcing official; and the date,
time, and place of the hearing before the administrative
official.
(d)(1) The enforcing official, on or before the date of
service of the written notice on the owner, shall post the
written notice in a conspicuous place on the property on which
the nuisance is located.
(2) The enforcing official shall serve the owner with
the written notice in one of the following methods:
a. By hand delivering it to the owner.
b. By mailing it to the owner at the owner's last known
address by first class mail.
c. By leaving it at the owner's residence or place of
business with an individual of suitable age and discretion
residing or employed at that location.
d. If the owner is not an individual, by delivering it
to an agent of the owner.
(3) Service by first class mail is complete upon
mailing.
(e)(1) The enforcing official may rely upon information
appearing on record in the office of the county tax collector,
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appearing on record in the office of the county tax collector,
tax assessor, or revenue commissioner to establish the
identity of any owner of property and to establish the owner's
last known address. Use of this information shall be deemed
conclusive and sufficient proof of the information.
(2) The enforcing official may use any additional means
of providing notice that he or she deems appropriate,
including, but not limited to, posting notice in one or more
public places within the city or publishing notice in a
newspaper of general circulation in the city.
Section 2. (a) The city council shall designate an
individual other than the enforcing official to serve as the
administrative official for the purposes of this act.
(b) Upon receipt of an owner's intent to appear at a
hearing, the administrative official shall suspend the order
to abate.
(c) The administrative official, upon agreement with
the owner, may reschedule the hearing or continue the hearing
for good cause.
(d) A hearing held pursuant to this act shall be open
to the public. Any interested party may present evidence or
testimony. The city shall keep a record of the proceedings as
part of the city's public records.
(e) Within five days after the conclusion of a hearing,
the administrative official shall render a written decision on
the merits of the proposed abatement. The administrative
official shall deliver the written decision to the owner and
the enforcing official by personal service or by first class
mail.
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mail.
(f) If the administrative official determines that a
nuisance does not exist, the notice to abate is void. The
determination does not bar any subsequent public nuisance
notice at the same property.
(g) If the administrative official determines that a
nuisance does exist, the written decision shall inform the
owner that the nuisance must be abated within 14 days from
service of the determination. Upon finding that the difficulty
of the abatement or other unusual factors necessitate
additional time, the administrative official may provide the
owner up to 28 days from service of the determination to
complete the abatement.
(h) An owner, within 10 days after receipt of a
determination, may appeal the determination to the circuit
court by filing with the circuit court clerk a notice of
appeal and bond for security of costs in the form and amount
approved by the circuit clerk. Upon receipt of an adequate
notice of appeal and bond, the circuit clerk shall serve a
copy of the notice of appeal on the city clerk and the appeal
shall be docketed in the circuit court and shall be a
preferred case. Upon receipt of the notice, the city clerk
shall file with the circuit clerk a copy of the finding and
determination of the administrative official. Any trial shall
be held without a jury.
Section 3. (a) If a nuisance is not abated within the
time permitted by the enforcing official's non-suspended
notice or, following a hearing attended by the owner, within
the time permitted by the administrative official's
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the time permitted by the administrative official's
determination, then the city may enter upon the property and
abate the nuisance or contract for the abatement of the
nuisance. However, if an appeal has been filed pursuant to
this act, 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 abatement work by or under
contract with the city, the enforcing official shall create an
itemized list of the city's expenses in abating the nuisance,
including, but not limited to, the cost of labor, value of the
use of equipment, advertising expenses, postage,
administrative expenses, legal expenses, or materials
purchased.
(c) The itemized statement and a notice of the time
fixed by the city council to consider the assessment of the
costs against the property shall be sent by first class mail
to the last known address of the owner of the property at
least five days before the fixed time.
(d) At the fixed time, the city council shall receive
and consider the itemized statement and any objections which
may be raised by the owner of the property. The council may
modify the statement as necessary. Following all due
consideration, the council may adopt a resolution assessing
the appropriate costs. The costs stated in the resolution
shall constitute a lien on the property and shall be referred
to as a weed lien on the property.
(e) The city council shall provide a copy of any
resolution adopted pursuant to this section to the county
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resolution adopted pursuant to this section to the county
revenue commissioner. The county revenue commissioner shall
add the costs of the weed lien to the next regular bill for
taxes levied against the property subject to the weed 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 and remitted. The weed lien shall
be subject to the same penalties and the same procedure under
foreclosure and sale in the case of delinquency as ordinary
municipal ad valorem taxes. However, in a foreclosure and sale
resulting solely due to a delinquency caused by a weed lien,
the city shall reimburse the county for all costs associated
with the foreclosure and sale unless the costs are collected
at the time of the sale as part of the sale.
Section 4. When a weed lien has been filed with the
revenue commissioner against a lot or parcel of land pursuant
to this act, a subsequent redemption of the lot or parcel by a
person authorized to redeem, or a sale of the lot or parcel by
the state, shall include payment of any outstanding weed lien.
Upon full payment of a weed lien as part of a redemption or
sale, the lien shall be extinguished. If a weed lien is not
paid as part of a redemption or sale, it shall remain a valid
and enforceable lien against the property until satisfied.
Section 5. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB276
Senate 17-Feb-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 24-Feb-26
By: Senator Weaver
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