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Section 1.

Definitions.

For the purpose of this section, the following terms are defined as hereinafter set forth to-wit.

APPROVED, ENCLOSED, COVERED STRUCTURE: Shall mean any building, garage, necessary structure, having four walls and a roof, built according to and in compliance with all applicable building, zoning, fire or other codes of the City of Moody, Alabama, that is zoned or designated for uses other than residential purposes.

COMMERCIAL PROPERTY: Shall mean any lot, tract, parcel, land or other property located within the City of Moody, Alabama, that is zoned or designated for uses other than residential purposes.

PRIVACY FENCE: Shall mean any fence which obstructs the view of the items it surrounds. The construction may be of wood, or vinyl match material.

GARBAGE: Shall mean incapable of being used for the manufacture, designed or intended purpose; and shall also mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, including wastes from markets, storage facilities, handling and sale of produce and other food products and excepting such materials that may be serviced by garbage grinders and handled as household sewage.

IMPROVED SUBDIVISION: A division of a tract of land or acreage into tracts or parcels, and the improvement thereof by construction of streets, water lines and, where applicable, sewer lines to serve the subdivided property.

JUNK: Shall mean and include all metals, whether ferrous or nonferrous, including, but not limited to, any used or second hand parts of machinery, plumbing fixtures, or parts thereof, parts of an automobile, truck, bus, motorcycle, water craft, or other motor vehicle, gas or electrical appliances or fixtures, or parts thereof, household hardware, wire, cable, bearings, valves, pipes and pipe-fittings, building materials, wood, or any other used or secondhand metal articles.

JUNK OR SALVAGE YARD: Shall mean any premises, establishment, or place of business which is duly licensed and operated in accordance with all applicable laws and/or ordinances of the City of Moody, Alabama, and which is maintained, operated, or used for storing, keeping, or dismantling junk and salvage, but shall not include the place of business or premises of a scrap processor as herein defined.

LITTER: Shall mean all waste material which can be or is subject to being blown from place or scattered by the elements, including but not limited to, paper, cardboard, cartons, boxes, plastics, rags, cloth, fibers and fabrics,leather, polyethylene, polystyrene, and metal cans.

NATURAL CONDITION: Uncultivated and unseeded land, still in a state of nature. But any growth on land once it has been cleared or plowed is not a natural condition, even though it has not been planted or cultivated by anyone.

OWNER OR OWNERS OF PROPERTY: Title holder or person having right of possession of real property and includes legal title holder as shown of record in the tax assessor's office, or agent of legal title holder of said property.

PERSON: Shall mean any individual, owner, title holder, agent, firm corporation, partnership, association, organization, or entity of any kind. It shall include, but not be limited to, any tenant, lessee, manager, operator, occupant, executor, executrix, administrator, guardian, or other person in charge of, care of, possession of, or control of any real or personal property.

PREMISES: Shall mean any lot, yard, plot, tract, parcel, or other piece of land or property located within the City of Moody, Alabama.

RESIDENTIAL PROPERTY: Shall mean any lot, yard, plot, parcel or other piece of land or property located within the City of Moody, Alabama, on which single or multifamily structures used as a residence or for human habitation exists, or any property that is located within an area that is zoned for residential uses by the City of Moody, Alabama.

RUBBISH: Shall mean nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes. Combustible rubbish includes paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, leaves, limbs, stumps, and similar materials. Noncumbustible rubbish includes glass, crockery, metal cans, metal furniture, and like materials which will not burn at ordinary incinerator temperatures, not less than 1600 degrees Fahrenheit.

SCRAP: Shall mean other materials or waste, including, but not limited to old cordage, ropes, rubber, bottles and other glass, tin or aluminum cans, buckets, tree branches, tree limbs, tree stumps, or other waste or refuge not otherwise classified herein as junk, litter or garbage.


SCRAP PROCESSOR: Shall mean any person who is duly licensed and operating in accordance with all applicable laws and/or ordinances of the City of Moody, Alabama, and is engaged primarily in the purchase and collection of scrap metallics (e.g. manufacturing by-products, obsolecent machinery, and vehicles) for the specific purpose of processing into scrap materials for the metals recovery industry, such as steel mills, foundries, smelters and refineries, and having machinery and facilities designed for such processing, and making regular shipments of such materials in the normal course of business.

SOLID WASTES: Shall mean all putrescible and nonputrescible discarded materials, except household sewage and livestock and poultry wastes, including, but not limited to, garbage, rubbish, ashes, street and highway cleanings, dead animals, including offal, abandoned automobiles and such industrial wastes as are not controlled by other agencies.

UNAUTHORIZED DUMP: Shall mean any collection of solid wastes either dumped or caused to be dumped on placed on any property either public or private, whether or not regularly used, and not under the control and supervision of any person or agency. An abandoned automobile, large appliance or similar large item of solid waste shall be considered as forming an unauthoruzed dump within the meaning of this ordinance, but not the careless littering of smaller individual items such as tires, bottles, cans and the like. An unauthorized dump shall also mean any solid waste disposal site which does not meet the regulatory provisions of Code of Alabama # 22-27-1 et seq. and other regulatory provisions enforced by the Alabama Department of Environmental Management, the United States Environmental Protection Agency or other similar regulatory body.

WEED NUISANCE: Any abundance of overgrowth weeds or grass within the City of Moody, Alabama, which is injurious to the general public health, safety and general welfare by providing breeding grounds and shelter for rats, mice, snakes, mosquitoes and other vermin, insects and pests; or attaining such heights and dryness so as to constitute a serious fire threat or hazard; or bearing wingy or downy seeds, when mature, that cause the spread of weeds and when breathed, irritation to the throat, lungs and eyes of the public; or hiding debris such as broken glass or metal, which could inflict injury on any person going upon the property or being unsightly or any growth of weeds, other than ornamental plant growth, which exceeds twelve inches (12") in height.

SECTION 2.

(A) It shall be unlawful and constitute a public nuisance for the owner or owners of any real property situated within the City of Moody, Alabama, to allow such real property to become overgrown with weeds or grass so as to constitute a weed nuisance as herein defined.

(B) It shall be the duty of the owner of any real property located within the City of Moody, Alabama to maintain any weeds growing upon said property in such a manner as not to constitute a weed nuisance as herein defined.

(C) This section shall not apply to the following:

(1) Any property which is in its "natural condition."

(2) Any property which is located outside any improved subdivision and also is located more than one hundred feet (100') from any boundary of any lot or parcel of real estate which any dwelling is located, and more than one hundred feet (100') from any commercial enterprise.

(3) Cultivated row crops and garden plants in their respective growing seasons. But this exception applies only to growing crops and garden plants, and shall not be construed to permit any crops or gardens to become overgrown with weeds in violation of the remaining terms of this Ordinance.

(4) Ornamental shrubbery and ground cover, provided that such uses are part of the landscaping theme and not associated with a general deterioration of the property.

(D) It shall be unlawful and a violation of this section for any person to store or keep upon the premises of any residential or commercial property, within the City of Moody, Alabama, any scrap, garbage, litter or junk, as defined herein, unless the same is housed in an approved enclosed privacy fence or covered structure. This paragraph shall not apply to the following:

(1) Matrials stored or located on the premises of any junk or salvage yard, scrap metal yard, scrap processor as defined herein if enclosed or contained within a privacy fence.

(2) Vehicles being repaired or awaiting repair that are located on the premises of any automobile dealer, automobile repair and body shop or garage, or other vehicle repair enterprise that is duly licensed and operated in compliance with all applicable codes and ordinances of the City of Moody, Alabama, provided said vehicles are so located or stored in a manner as to prevent any health, fire or safety hazard and if enclosed or contained within a privacy fence.

(3) Materials or vehicles that are allowed to sit behind any business that can be seen from the roadway shall have a privacy fence thereon to contain said materials or vehicles so as not to be in public view.

(E) It shall be unlawful, constitute a public nuisance, and a violation of this section to keep or store upon the premises of any residence, retail store or secondhand store, thrift store, or similar commercial property or establishment, any merchandise, goods, or wares, including but not limited to, gas or electrical appliances, parts thereof; plumbing fixtures or parts thereof; lawn mowers or lawn mower parts; machinery, equipment, utensils or other items displayed for sale to the general public, in such a manner as to constitute a health, safety or fire hazard.

(F) It shall be unlawful, constitute a public nuisance, and a violation of this section for any person in charge of any residential or commercial property to fail to maintain the property free from litter, junk and garbage as herein defined, unless said litter and garbage is contained and stored in such a manner as to prevent it being seen from the roadway, blown, deposited, or otherwise scattered by the elements, animals, birds or any other means.

(G) Except as provided herein, it shall be unlawful, constitute a public nuisance, and a violation of this ordinance for any persons or entity in charge or any residential or commercial property to dump, to have dumped, or to allow to be dumped any solid waste on any residential or commercial property or to allow or permit such property to be used as an unauthorized dump. The dumping of solid wastes or the existence of an unauthorized dump are hereby declared to be a public nuisance per se, a menace to public health, and a violation of this ordinance. A person may dispose of his or her own yard trimmings, leaves, limbs, stumps, wood, and similar materials on his or her own property provided such material originated on the property on which it is disposed.

(H) It shall be the duty of the owner, or any person in control of or charge of property located within the City of Moody, Alabama, to maintain said property in compliance with the provisions of this section.

(1) All violations of this ordinance are hereby declared to be a public nuisance and may be abated as provided by applicable law.

SECTION 2. CHIEF OF POLICE TO ENFORCE ORDINANCE: Members of the general public may register complaints with the Chief of Police of the City of Moody, Alabama, or the Police Chief's designee, who is/are hereby authorized to abate and remove any such nuisance found to exist in the City of Moody, Alabama, as provided in this ordinance.

SECTION 3. NOTICE TO ABATE AND REMOVE NUISANCE: Whenever a violation of this ordinance comes to the attention of the Chief of Police or his designee, a notice in writing shall be served upon the occupant of the land where the nuisance exists. Notice shall also be given by certified letter and regular letter upon the owner of the property or his agent, as the information appeaars on record in the Office of the Tax Assessor. The notice shall notify the occupant and the owner of the property or his agent of the existence of the violation and requestion compliance with the ordinance in the time specified herein.

SECTION 4. NOTICE PROCEDURE: The Chief of Police of the City of Moody, or the Chief's designee, shall give notice to the owner and occupant of the premises where the violation is located at least fifteen (15) days before the time of compliance. It shall constitute sufficient notice when a copy of same is posted in a conspicuous place upon the premises on which the violation of this ordinance occurs and copies are mailed to the owner by registered mail as noted in the Tax Assessor's Office.

SECTION 5. CONTENT OF NOTICE: The notice shall contain the request for abatement or removal of the violation of this ordinance within the time specified in this ordinance. The notice shall advise that upon failure to comply with the Notice to Abate and Remove, the City or its designee, shall through it's own personel or designated contractors, companies, enterprises, or individuals, enter upon the premises for the purpose of the abatement or removal with the cost of removal levied against the owner and or occupant of the property.

SECTION 6. REQUEST FOR HEARING: The persons to whom the notice are directed, or their duly authorized agents, may file a written request for hearing before the City Council of the City of Moody within the fifteen (15) day period of compliance for the purpose of defending the charges by the City.

SECTION 7. PROCEDURE FOR HEARING: The hearing shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of said hearing at least five (5) days in advance thereof. At any such hearing, the City and the persons to whom the notices have been directed may introduce witnesses and evidence as either party deems necessary.

SECTION 8. RIGHT OF ENTRY: If, after hearing by the City Council, it adopts a resolution finding the conditions of the premises to be a nuisance and ordering its abatement, all employees and duly authorized agents (private contractors, companies or individuals) of the City of Moody may enter upon the premises for the purpose of the abatement and removal of the nuisance. The council may at its option authorize and designate private contractors, companies, enterprises, or individuals to abate and remove the nuisance. Those persons so designated may enter upon premises for purposes of abating and removing the nuisance.

Any property owner or occupant shall have the right to have any weeds removed at his or her own expense providing the removal is done prior to the commencing of the work by the employees or agents of the City of Moody to do the same.

SECTION 9. LIABILITY OF OWNER OR OCCUPANT: Upon the failure of the owner or occupant of the premises to comply with the provisions of this Ordinance, the owner or occupant of the property will be liable for the Assessed Costs as outlined in Section 10. A lien shall be placed upon the property for the amount of such costs.

SECTION 10. ASSESSMENT OF COSTS.

(A) Upon completion of the work ordered by the City Council, the Chief of Police and designated representative shall compute the actual expense, including, but not limited to, total wages paid, value of the use of equipment, advertising expenses, postage, materials purchased, which were incurred by the City of Moody, Alabama, as a result of such work. An itemized statement of such expenses shall be mailed to the last known address of the owner, agent, occupant or lessee of the premises. It shall constitute sufficient delivery when a copy of the same is posted in a conspicuous place upon the premises on which the violation of this ordinance occurs and copies are mailed to the owner by registered mail as noted in the Tax Assessor's Office.

(B) In the event the owner, agent, ocupant or lessee shall fail or refuse for a period of twenty-eight (28) days to pay off and discharge the expenses, the Chief of Police and designated representative shall report such failure to the City Council at the next regular meeting following the expiration of that period.

(C) The City Council may cause the actual expense of such work to be levied as a special assessment against the premises. The owner, agent, occupant or lessee may appear at the next City Council meeting held after receiving the statement of expenses to show cause why such assessment shall not be levied. After the meeting, the City Council may, by resolution, assess all or part of such expense against the property.

(D) Any assessment against premises under this section shall not be final until seven (7) days after adoption by the City Council. Once the assessment has become final, the City Clerk shall have such resolution recorded in the Office of the Judge of Probate of St. Clair County, Alabama.

SECTION 11. COLLECTION OF ASSESSMENT: REMEDY OF CITY.

(A) In the event owner, agent, occupant or lessee shall fail or refuse to discharge the assessment after a period of twenty-eight (28) days from the date the assessment was made final, the City may commence an action in any court of competent jurisdiction to recover said expense.

(B) In addition to remedies otherwise provided for herein the Chief of Police and designated representative may cause an action to be instituted to enjoin or abate any nuisance.

SECTION 12. CONTINUING OFFENSES. In all cases, the person whose duty is to abate any nuisance shall be liable for separate and distinct offenses for each day the nuisance is allowed to remain after it has become his duty by Notice of the Chief of Police and designated representative to abate it.

SECTION 13. PENALTY FOR VIOLATIONS. In addition to any other remedy provided for this ordinance, any violation of any section or provision of this Ordinance is a misdemeanor offense and the violator may be charged with such and punished by a fine of not more than Five Hundred ($500.00) Dollars for each offense. Additionally, after conducting a hearing, the Municipal Judge, if he finds a violation of this ordinance, shall so declare and shall make an order requiring compliance with the ordinance within a time specified by the Municipal Judge. Should the owner or occupant fail to comply with the Order of the Municipal Judge, the City or its agents may enter upon the premises for the purpose of the abatement and removal of the nuisance as provided in Section 8 hereof.

SECTION 14. CONSTRUCTION. This Ordinance shall be construed to contain all power granted to municipalities under Sections 11-40-227, 11-47-131 and 11-47-140 Code of Alabama, 1975, providing for controlling nuisances, and good public health and safety conditions.

SECTION 15. REPEALED. All ordinances of the City of Moody, Alabama, which are inconsistent with this Ordinance, are hereby repealed.

SECTION 16. SEPARABILITY AND SEVERABILITY. If any section, sentence, clause, phrase, or part of this Ordinance is for any reason declared to be unconstitutional by the valid judgement or decree of a court of competent jurisdiction, such decision shall not affect any remaining sections, sentences, clauses, phrases, or parts of this Ordinance.

SECTION 17. PUBLISHING AND EFFECTIVE DATE. The City Clerk shall cause this Ordinance to be immediately published by posting copies thereof in three (3) public places within the City, one of which shall be in the office of the Mayor, and two (2) other public places, and after such posting, which posting and publication is in accordance with the provisions of Section 11-45-8, Code of Alabama, 1975, this Ordinance shall take effect.

SECTION 18. This Ordinance shall become effective upon its adoption and publication and remain in effect unless repealed by the Council.