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HB496 Alabama 2012 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Mike Hubbard
Mike Hubbard
Republican
Session
Regular Session 2012
Title
Class 6 municipalities (Auburn), overgrown grass and weeds, nuisance and abatement procedures provided, assessment of costs for abatement, notice, appeals process
Summary

HB496 allows certain Class 6 Alabama municipalities with alternate council to abate overgrown grass and weeds on private properties, assign the abatement costs as a lien, and collect them through the ad valorem tax system.

What This Bill Does

The bill defines when tall grass or weeds become a nuisance and authorizes city officials to order owners to abate. Owners receive notice and a 14-day window (up to 28 days with approval) to comply or request an administrative hearing. If not abated, the municipality may perform the work and charge the owner for actual costs, which become a lien on the property and are collected like property taxes after filing with the probate judge and notifying the county tax collector. Owners have a right to a hearing and may appeal to circuit court. Certain properties are exempt, and redemption does not discharge the lien.

Who It Affects
  • Property owners within Class 6 municipalities with alternate council who have overgrown grass or weeds on their property and may face abatement orders and liens on their property.
  • Municipal governments and their employees/contractors responsible for identifying nuisances, issuing notices, performing abatement, and calculating and collecting costs.
  • County tax collectors and probate judges who process liens and incorporate the amounts into ad valorem tax bills.
Key Provisions
  • Applies only to Class 6 municipalities with an alternate council under Section 11-43A-8 and the specified form of government.
  • Nuisance criteria include overgrown grass/weeds exceeding 12 inches in height or other health/safety concerns; certain areas (heavily wooded undeveloped, farms, and properties under construction) are exempt.
  • Notice and hearing process: owner must be notified in person or by first-class mail and posted on the property; 14 days to abate (up to 28 with approval); five days to request a hearing; appeals proceed to an administrative official and may go to circuit court.
  • If not abated, the city may perform abatement and charge the actual costs (wages, equipment use, advertising, etc.) to the property owner; a detailed itemized bill is sent to the last owner shown for ad valorem taxes.
  • Costs become a lien on the property after a city council resolution and are collected like ordinary municipal assessments, including filing with probate and adding to the ad valorem tax bill collected by the county.
  • Redemption or sale does not discharge the lien; liens survive and are subordinate to any state redemption or sale.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Municipalities

Bill Actions

Delivered to Governor at 12:47 p. m. on May 10, 2012.

Assigned Act No. 2012-440.

Clerk of the House Certification

Enrolled

Signature Requested

Passed Second House

Motion to Read a Third Time and Pass adopted Roll Call 1238

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the Senate committee on Local Legislation No. 1

Motion to Read a Third Time and Pass adopted Roll Call 906

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the House of Representatives committee on Lee County Legislation

Bill Text

Votes

Motion to Read a Third Time and Pass

April 19, 2012 House Passed
Yes 53
Abstained 38
Absent 14

Motion to Read a Third Time and Pass

May 11, 2012 Senate Passed
Yes 24
Abstained 7
Absent 4

Documents

Source: Alabama Legislature