AL Code § 45-45A-41.21 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 45A - Madison County Municipalities.|Article 4 - Madison.|Part 2 - Health and Environment.|Division 2 - Weed Abatement.|Section 45-45A-41.21 - Notice; Hearing; Appeal.

Section 45-45A-41.21Notice; hearing; appeal. (a) For purposes of this subpart, the enforcing official shall mean either the mayor or such other city official or employee as the mayor from time to time may designate. Whenever, in the opinion of the enforcing official, a public nuisance exists as described in Section 45-45A-41.20, the enforcing official may serve written notice upon the owner of the property on which the nuisance is located ordering the abatement of the nuisance.  (b) The notice shall require the owner to complete abatement of the nuisance within 14 days from the date of the notice, provided that the enforcing official may allow for additional time when it is reasonably required due to the difficulty of the abatement or other unusual factors tending to necessitate additional time, but in no case more than 28 days from the date of the notice. (c) The written notice shall require the owner to abate the condition within the time stated in the notice or to request a hearing before the administrative official to determine whether the conditions on the property constitute a public nuisance that should be abated. For purposes of this subpart, the administrative official shall mean a person designated by the city council, but such person shall not be the same person as the enforcing official. The notice shall apprise the owner of the facts of the alleged nuisance, including a description or address of the property, or both, that provides reasonable notice of its location, the address of the enforcing official, and shall name the particular date, time, and place for the hearing before the administrative official if requested by the owner, which date shall be at least 10 days after the date of the written notice. (d) The enforcing official shall serve the owner with the written notice by delivering it to the owner; or by mailing it to the owner, via first class mail, at the owner's last known address. Delivery under this subsection means handing it to the owner, or in a case where the owner is an impersonal entity to an agent of the entity; or leaving it at the owner's residence or place of business with a person of suitable age and discretion residing or employed therein. Service by mail is complete upon mailing. The enforcing officer may, but is not required to, rely upon any information appearing on record in the office of the county revenue commissioner to establish the identity of an owner of property and to establish the owner's last known address, which, if utilized, shall be deemed conclusive and sufficient proof of the same. (e) The written notice shall also be posted at a conspicuous place on the property on which the nuisance is located, on or prior to the date of service of the written notice as described in subsection (d). (f) The enforcing official is authorized, but not required, to utilize any additional means of providing notice that the enforcing official deems appropriate. Specifically, the enforcing official is authorized, but not required, to provide this additional, optional notice by placement of notice in a public place or places located within the city, or by publishing notice in a newspaper of general circulation published in the city as often and for as long as deemed appropriate. The additional, optional notice provided for in this section may be provided in whatever form the enforcing official deems appropriate. (g) If the owner desires a hearing before the administrative official, then the owner may request a hearing by delivering a written notice to the enforcing official within five days after the date of service of the notice. If so requested, then the enforcing official's order to abate the nuisance shall be suspended, and the administrative official shall hold a hearing at the time and place specified in the notice previously issued by the enforcing official or at such other time and place that may be mutually agreed upon by the administrative official and the owner. The administrative official may continue the hearing from time to time, upon good cause shown. At the hearing, any interested party shall have the right to present evidence and testimony. The hearing shall be open to the public, and a record of the proceedings shall be kept as a part of the city's public records. The administrative official shall render a written decision on the merits of the proposed abatement within five days of the conclusion of the hearing. The enforcing official shall notify the owner by personal service or by first class mail of the written determination of the administrative official. If the administrative official determines that a nuisance exists and should be abated, the written determination of the administrative official shall inform the owner that the owner must complete the abatement ordered by the enforcing official within 10 days of the date of the administrative official's decision, or upon such additional time, but in no case more than 28 days from the administrative official's determination. If the administrative official determines that a nuisance does not exist, then the enforcing official's notice to abate the nuisance shall be null and void, but such determination shall not bar any subsequent notice concerning the same property. (h) Any person aggrieved by the decision of the administrative official at the hearing, within 10 days from receipt of the determination by the administrative official, may appeal to the circuit court upon filing with the clerk of the court notice of the appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of the notice of appeal and approval of the bond, the clerk of the court shall serve a copy of the notice of appeal on the clerk of the municipality and the appeal shall be docketed in the court and shall be a preferred case. The clerk of the municipality, upon receiving the notice, shall file with the clerk of the court a copy of the finding and determination of the administrative official in its proceedings. Any trials shall be held without a jury upon the determination of the administrative official that the weeds are a public nuisance.   (Act 2016-205, § 3.)