HB91 Alabama 2021 Session

Summary

Primary Sponsor

Paul W. LeeRepresentative

Republican

Session

Regular Session 2021

Title

Class 5 municipality, mayor/commission/city manager form of government, abatement of grass or weeds, notice and assessment of cost provided to property owners, liens on property under certain conditions

Summary

HB91 lets certain Alabama Class 5 municipalities declare overgrown grass and weeds a public nuisance, require owners to abate, and recover abatement costs by placing a weed lien on the property that is collected with ad valorem taxes.

What This Bill Does

It defines nuisance conditions for grass and weeds (with certain exceptions) and sets a formal process for notifying owners and determining abatement. It requires the owner to abate within a set timeframe after notice, with a hearing option if disputed. If the owner does not abate, the municipality can do the work and then charge the costs as a weed lien, collected through the county tax system and subordinate to existing mortgages. The act also provides a pathway for appeals to the circuit court and clarifies lien enforcement and release when paid.

Who It Affects

• Property owners within Class 5 municipalities who may be ordered to abate nuisances and could incur weed liens on their property if they do not comply.
• Municipal governments in Class 5 municipalities and county tax collecting officials who administer notices, hearings, cost assessments, and collection of weed liens through ad valorem tax bills.

Key Provisions

• Declares certain overgrown grass or weeds (exceeding 12 inches in height and meeting other nuisance criteria) as a public nuisance subject to abatement, with specified exceptions (heavily wooded undeveloped areas, farm properties, and properties under construction).
• Establishes roles and definitions: enforcing official, administrative official, and tax collecting official to carry out notices, hearings, and tax collection.
• Creates a process for abatement: enforcement official orders abatement, provides notice (in person or by mail) and a hearing window, and requires a written determination from an administrative official with a 10-28 day abatement timeline.
• Allows appeal to the circuit court within 10 days, with a record-based, non-jury review and potential modification if unlawful.
• If not abated, authorizes the municipality to abate the nuisance and then assess and bill the costs as a weed lien, which is added to the property’s ad valorem tax bill and collected by the county; the lien is subordinate to existing mortgages.
• Redemption or sale does not discharge the weed lien, and payment of the lien releases the lien with notification to the county official.
• Effective immediately upon governor’s approval; act is cumulative with existing powers.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Class 5 Municipalities