Relating to Class 2 municipalities; to authorize the municipality to provide for the abatement and removal of inoperable motor vehicles as public nuisances from private property.
Relating to Class 2 municipalities; to authorize the municipality to provide for the abatement and removal of inoperable motor vehicles as public nuisances from private property
This act shall apply only to Class municipalities.
For purposes of this act, the term inoperable motor vehicle shall mean any motor vehicle, trailer, recreational vehicle, camper, or semi-trailer that has remained on private property and in view of the general public for 30 days or any greater period fixed by the municipality and is inoperable in that one or more of its major mechanical components, including, but not limited to, engine, transmission, drive train, or wheels, are missing or are not functional, or the vehicle otherwise constitutes a nuisance. An inoperable motor vehicle shall not be deemed a nuisance under any of the following circumstances: (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 HB127 vehicles or primarily engaged in the storage and sale of damaged or theft-recovered vehicles for insurers. (3) The motor vehicle is kept in an enclosed building completely shielded from the view of individuals on the adjoining properties.
A Class 2 municipality may establish a procedure for the abatement and removal of inoperable motor vehicles from private property as public nuisances. Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined or the costs may be assessed against the owner of the property on which the vehicle is stored.
Any procedure adopted by the municipality for the abatement and removal of inoperable motor vehicles as public nuisances shall include, but not be limited to, the following: (1) A provision requiring notice to the last registered owner of record, to any secured party or other holder of a recorded or registered security interest or lien on the motor vehicle, and to the property owner of record that a hearing may be requested and that if no hearing is requested, the inoperable motor vehicle will be removed. (2) A provision requiring that if a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement and removal HB127 of the inoperable motor vehicle as a public nuisance shall be mailed by certified mail, with a five-day return receipt requested to the owner of the land as shown on the last equalized assessment roll, to the last registered and legal owner of record, and to any registered or recorded secured party or lienholder unless the vehicle is in a condition that identification numbers are not available to determine ownership. (3) A provision that the abatement procedure does not apply to an inoperable motor vehicle that is completely enclosed within a building in a lawful manner where it is not visible from the street or other private property or a motor vehicle that is stored or parked in a lawful manner on private property in connection with the business of an automobile dealer, wholesaler, repairman, or wrecker service for repair or sale. (4) A provision with a list of names of persons or private contractors, or both, who perform the work. (5) A provision that the owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land or otherwise show his or her plans to abate the nuisance. No cost of the administration or removal of the vehicle against the landowner shall be assessed if it HB127 is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence. (6) A provision that the municipality may dispose of the inoperable motor vehicle by sealed bid or auction as adopted by the municipality and the procedure for the sale of the inoperable motor vehicle subject to the rights of any secured party or other holder of a recorded or registered security interest or lien on the motor vehicle, which has requested a hearing and verified the existence of the security interest or lien within the time permitted by the procedure adopted by the municipality. (6) A provision that any excess funds from the sale of the inoperable motor vehicle, minus the costs of removal and administration of this section, shall be returned to the owner. (7) A provision that the owner of the land on which the vehicle is located may remove the vehicle at his or her own expense prior to the removal of the vehicle by the municipality. (8) A provision that private contractors used for removal of the inoperable motor vehicles shall be selected on a rotation schedule among the contractors providing vehicle removal services in the municipality. HB127
The municipality shall notify the Department of Revenue of the sale or disposition of the inoperable motor vehicle on a form supplied by the department.
The municipality may contract with any entity, person, or group to impound the inoperable motor vehicle or to carry out other functions necessary to administer the intent of this act.
The municipality and no official or employee of the municipality shall be liable for action taken in good faith pursuant to or in furtherance of the objectives of this act compliance with the provisions of this act.
All laws or parts of laws which conflict with this act are repealed.
This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law. HB127 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 13-FEB-18, as amended. Jeff Woodard Clerk Senate 01-MAR-18 Amended and Passed Concurred in Sen- House 01-MAR-18 ate Amendment
|March 6, 2018||H||Assigned Act No. 2018-197.|
|March 6, 2018||H||Delivered to Governor at 2:38 p.m. on March 6, 2018.|
|March 6, 2018||H||Clerk of the House Certification|
|March 6, 2018||S||Signature Requested|
|March 6, 2018||S||Concurred in Second House Amendment|
|March 1, 2018||H||Enrolled|
|March 1, 2018||H||Clarke motion to Concur In and Adopt adopted Roll Call 580|
|March 1, 2018||H||Concurrence Requested|
|March 1, 2018||S||Motion to Read a Third Time and Pass adopted Roll Call 556|
|March 1, 2018||S||Reed motion to Adopt adopted Roll Call 555|
|February 13, 2018||H||Motion to Read a Third Time and Pass adopted Roll Call 283|
|March 1, 2018||S||Local Legislation, Mobile County Amendment Offered|
|February 13, 2018||H||Motion to Adopt adopted Roll Call 282|
|March 1, 2018||S||Third Reading Passed|
|February 13, 2018||H||Clarke Amendment Offered|
|February 15, 2018||S||Read for the second time and placed on the calendar 1 amendment|
|February 13, 2018||H||Motion to Adopt adopted Roll Call 281|
|February 13, 2018||H||Mobile County Legislation Amendment Offered|
|February 13, 2018||S||Read for the first time and referred to the Senate committee on Local Legislation, Mobile County|
|February 13, 2018||H||Engrossed|
|February 13, 2018||H||Third Reading Passed|
|February 8, 2018||H||Read for the second time and placed on the calendar 1 amendment|
|January 9, 2018||H||Read for the first time and referred to the House of Representatives committee on Mobile County Legislation|