SB29 Alabama 2019 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2019

Title

Class 8 municipalities, weeds, abatement, alternative procedures to declare a public nuisance after prior abatement

Summary

SB 29 creates an alternative process for Class 8 municipalities to abate nuisance grass and weeds and recover the costs by placing a weed lien on the property collected with ad valorem taxes.

What This Bill Does

The bill allows a municipal enforcing official to issue a written notice to a property owner to abate overgrown grass or weeds that are a public nuisance. If the owner does not abate, the city can abate the nuisance itself or by contract, then determine and bill the abatement costs to the owner. Those costs become a weed lien on the property, collected by the county tax collector with property taxes, and the lien is subordinate to existing mortgages; owners can appeal to the circuit court, and the process includes hearings and notices throughout.

Who It Affects

• Property owners within Class 8 municipalities: may receive abatement notices, be responsible for abatement costs, and have those costs secured by a weed lien on their property.
• County tax collecting officials: tasked with adding weed lien amounts to the property’s ad valorem tax bill and pursuing collection and foreclosures if needed.
• Municipalities (Class 8): gain authority to abate nuisances and recover costs via weed liens and tax collection.
• Mortgagees or other lienholders: weed liens are subordinate to preexisting mortgages or security interests.

Key Provisions

• Defines nuisance criteria (overgrown grass/weeds meeting health, safety, fire, or aesthetic concerns) and declares such growth a public nuisance subject to abatement.
• Creates roles: Administrative Official (hears appeals), Enforcing Official (issues notices and orders), and Tax Collecting Official (county official who collects the lien via property taxes).
• Establishes notice and hearing process: enforcing official serves written notice; owner can request an administrative hearing; hearing must occur within specified timelines and may suspend abatement during appeal.
• If owner fails to abate, municipalities may abate the nuisance and then assess abatement costs, which are itemized and sent to the owner for approval, and then levied as a weed lien on the property.
• Weed lien mechanics: added to the property’s next ad valorem tax bill, collected by the county, treated like other taxes, and subject to mortgage subordination; foreclosure procedures apply if delinquent; refunds or costs related to foreclosure described.
• Special recording and redemption rules: lien can be filed in probate records; redemption does not discharge the lien; state sales take the lien into account.
• Supersedes prior Class 8 weed abatement procedures and becomes effective immediately upon passage and approval.

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