ORDINANCE NO. 2408
ORDINANCE NO. 2408
AN ORDINANCE TO ADD ARTICLE V ENTITLED CRIMINAL ACTIVITY NUISANCES TO CHAPTER 8 ENTITLED COURT AND CRIMINAL PROCEDURES; TO DECLARE THAT THE VIOLATION OF CERTAIN ORDINANCES OF THE CITY AND STATUTES OF THE STATE OF ALABAMA CONSTITUTE A PUBLIC NUISANCE; TO PROVIDE FOR FINDING AND NOTICE OF NUISANCE; TO PROVIDE FOR THE ABATEMENT OF NUISANCES AND COLLECTION OF COSTS; TO PROVIDE FOR RIGHT OF APPEAL; TO PROVIDE FOR ENFORCEMENT OF THE VIOLATION OF THIS ORDINANCE; TO THE CODE OF ORDINANCES OF THE CITY OF HOMEWOOD.
WHEREAS, the City Council has previously adopted the Code of Ordinances for the City of Homewood, Alabama containing Chapter 8 entitled Court and Criminal Procedures; and
WHEREAS, the City Council desires to add Article V entitled Criminal Activity Nuisances to Chapter 8 entitled Court and Criminal Procedures.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Homewood, Alabama, at a regular meeting, duly assembled, a quorum being present, as follows:
Section 1. That the City Council does by the adoption of this Ordinance add to the Code of Ordinances for the City of Homewood Article V entitled Criminal Activity Nuisances to Chapter 8 entitled Court and Criminal Procedures, which Article V is to read as follows:
ARTICLE V. CRIMINAL ACTIVITY NUISANCES
Sec. 8-59. Declaration of Nuisance.
The following activities occurring on any property in the City, and engaged in by an owner, occupant or invitee of the owner or occupant of the property, are hereby declared to be public nuisances:
(a) Any alcohol violations of Article I (In General) of Chapter 3 entitled Alcoholic Beverages of the Code of Ordinances of the City of Homewood;
(b) Any violations of Article II (Offenses Related to Animals) and Article III (Corrals; Pens; Stables) of Chapter 4 entitled Animals and Fowl of the Code of Ordinances of the City of Homewood;
(c) Any violations of Article I (In General), Article II (Flood Damage Control), Article III (Miscellaneous), Article IV (Soil Erosion and Sedimentation Control), Article V (Signs), Article VI (Blasting and Use of Explosives) and Article VII (Location and Duration of Portable Storage Units) of Chapter 5 entitled Buildings; Construction and Related Activities of the Code of Ordinances of the City of Homewood;
(d) Any violations of Article I (In General), Article II (Fire Department) and Article III (Fire Zones and Safety Zones) of Chapter 10 entitled Fire Protection of the Code of Ordinances of the City of Homewood;
(e) Any violations of Article I (In General), Article II (Litter; Unhealthful Accumulations on Premises) and Article IV (Abatement of Weeds) of Chapter 11 entitled Health and Sanitation of the Code of Ordinances of the City of Homewood;
(f) Any violations of Article I (In General), Article II (Solid Waste Disposal), Article IV (Sanitary Sewer System) and Article V (Stormwater) of Chapter 13 entitled Municipal Utilities and Services of the Code of Ordinances of the City of Homewood;
(g) Any violations of Article I (In General), Article III (Prostitution) and Article IV (Sex Offenders) of Chapter 14 entitled Offenses and Miscellaneous Provisions of the Code of Ordinances of the City of Homewood;
(h) Any violations of Article I (In General) of Chapter 18 entitled Streets and Sidewalks of the Code of Ordinances of the City of Homewood;
(i) Any violations of Chapter 18.5 entitled Telecommunications and Related Services of the Code of Ordinances of the City of Homewood;
(j) Any violations of Article I (In General), Article II (Stopping, Standing and Parking), Article III (Abandoned, Stored, Wrecked, Etc., Motor Vehicles) and Article IV (Regulation of the Sale of Motor Vehicles) of Chapter 19 entitled Traffic of the Code of Ordinances of the City of Homewood;
(k) Any violations of Article III (Tree Conservation Regulations) of Chapter 19.5 entitled Vegetation and Other Environmental Concerns of the Code of Ordinances of the City of Homewood;
(l) Any violations of any criminal statutes of the State of Alabama which are incorporated by references to the Code of Ordinances of the City of Homewood.
Sec. 8-60. Finding and Notice of Nuisance.
The Chief of Police or his designee, upon finding that two or more nuisance activities declared in this Article have occurred on residential property within the preceding twelve months or upon a finding that two or more nuisance activities declared in this Article have occurred on commercial property within the preceding thirty days, may cause a written notice and order to be served on the owner of the property declaring that such property is a nuisance property. The notice and order shall set forth the nature of the nuisances, the estimated costs to abate any future nuisance, and state that the owner may avoid being charged the costs of abatement by taking steps to prevent any further nuisance activity as set forth in this Section. The notice shall further state that if a third or subsequent nuisance activity as declared in this Article occurs within twelve months of the dates of the first two activities, the City may abate the nuisance by responding to the activities using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property. Notice shall be served on the owner of the property by certified or registered mail addressed to such owner at the owner’s last known address or by personal service of such notice upon the owner.
Sec. 8-61. Abatement of Nuisance and Collection of Costs.
(a) If within twelve months after the first of the two nuisances referred to in this Article has occurred, a third nuisance activity as declared by this Article or any other provision of the Code of Ordinances occurs, the City may abate the nuisance by responding to the activity using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property in the same manner as provided Section 11.79 of the Code of Ordinances, and the costs shall be calculated as set out in subsection (b) of this Section. The City shall provide notice to the owner of the nuisance property of the City’s intent to assess the costs of abatement against the owner’s property at least thirty (30) days before such costs are certified to the City Clerk for assessment against the property, and such notice shall contain a description of the nuisance activity that is the basis for the notice of intent to assess the property, and the cost to abate. Notice shall be served on the owner of the property by certified or registered mail addressed to such owner at the owner’s last known address or by personal service of such notice upon the owner.
(b) Costs of abatement shall be assessed based upon the hourly wage of the police officer or officers involved in the abatement of the nuisance activity, plus 50%, multiplied by the number of hours required to abate the nuisance.
Sec. 8-62. Right of Appeal.
The owner of a nuisance property who receives a notice from the Chief of Police or his designee pursuant to this Article may appeal such notice by submitting a written request for reconsideration to the Chief of Police within thirty (30) days of the date of the notice. If the Chief of Police finds that the facts presented do not support the declaration of a nuisance, the Chief shall rescind the notice. Otherwise the Chief shall deny the request and refer the appeal for hearing to the Homewood City Council. Any such appeal shall not stay any actions by the City to abate the first or any subsequent nuisance activity. In any such appeal, the City must show by a preponderance of the evidence that each violation stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property or of the intent of the City to assess the property for abatement costs, whichever is applicable, is justified. The City shall be deemed to have failed to meet this standard if the owner demonstrates by a preponderance of evidence that:
(a) He or she was not the owner at the time of any of the nuisance activity that is the basis of the notice; or
(b) He or she had knowledge of the nuisance activity, but has promptly and vigorously taken all actions necessary to abate each nuisance, or
(c) He or she had no knowledge of the nuisance activity and could not, with reasonable care and diligence, have known of the nuisance activity; and upon receipt of the notice of the declaration of the property as a nuisance property, he or she promptly took all actions necessary to abate the nuisance.
Sec. 8-63. Affect on City Authority.
The declaration of a nuisance property, an order to abate a nuisance, or the assessment of costs by the City on a property, do not affect or limit the City’s right or authority to bring criminal prosecution or citations to criminal proceedings or other legal action against any person for violation of any City ordinances or State laws.
Section 2. That all other provisions of the Code of Ordinances shall remain in full force and effect and shall not be affected by this amendment.
Section 3. That all other provisions of the Code of Ordinances in conflict with the provisions of this ordinance are repealed.
Section 4. That if any part, provision or section of this ordinance is declared to be unconstitutional or invalid by and court of competent jurisdiction, all other parts, provisions or sections of this ordinance not hereby affected shall remain in full force and effect.
Section 5. That this ordinance shall become effective immediately upon its adoption by the City Council and approval by the Mayor or as otherwise becoming law.
ADOPTED this the 21st day of December, 2009.
Allyn Holladay
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President Pro-Temore of Council
APPROVED:
Scott McBrayer
Mayor
ATTEST:
Linda J. Cook
City Clerk
This notice posted: December 29, 2009
At the following locations: Mayor’s Office (City Hall), Homewood Public Library, Homewood Senior Center (Oak Grove Road) and Lee Community Center (Rosedale)
And at www.homewoodal.net December 31, 2009
And on Channel No. 10 – Homewood Public Access Channel.
Date Published: Wednesday, December 30, 2009
