[Ord. No. 718-05, 7-11-2005; Ord. No. 812-07, 2-19-2007; Ord. No. 2040-26, 6-2-2026]
ABANDONED OR INOPERABLE VEHICLE
Any vehicle which is in a wrecked, dismantled, partially dismantled, discarded, or otherwise inoperable condition or does not have affixed thereto an unexpired license plate and has been parked, stored, or left, whether attended or not, upon any public or private property in the City for a period of time in excess of 48 hours. This term includes any boat or other recreational vehicle which is in a wrecked, dismantled, partially dismantled, discarded, or otherwise inoperable condition. The term does not include any motor vehicle which is:
(1) 
Enclosed within an approved building on private property; or
(2) 
Held in connection with a business enterprise, lawfully licensed by the City, on property zoned for junkyard, vehicle repair facility, or vehicle storage yard; or
(3) 
In operable condition specifically adapted or designed for operation on drag strips or raceways; or
(4) 
Retained primarily as an antique collector's item and registered under state law as an antique vehicle.
APPROVED, ENCLOSED, COVERED STRUCTURE
Any building, garage, accessory structure or other structure, having four enclosing walls and a roof, built according to and in compliance with all applicable building, zoning, fire or other codes of the City.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle as required and authorized in the appropriate ordinances of this City (refuse collection system).
AUTOMOBILE GRAVEYARD
Any establishment or place of business which is duly licensed and operated in accordance with all applicable laws and/or ordinances of the City, and which is maintained, used or operated for storing, keeping, buying or selling of wrecked, ruined, damaged or dismantled motor vehicles or parts thereof.
BUILDING NUISANCE
Any nuisance condition involving a residential or nonresidential structure, including remains from demolition, remains from fire, parts of buildings or part of uninhabitable structures.
CITATION
A notice specifying a violation of the provisions of this chapter which directs the violator to appear in the Municipal Court to answer the charge.
CITY
The area within the corporate limits.
COMMERCIAL PROPERTY
Any lot, tract, parcel, land, or other property located within the City on which offices, clinics, kennels, shopping or service establishments, or any other commercial enterprises exists, or any property that is located within an area that is zoned or designated for uses other than residential purposes by the City.
CORRECTIVE NOTICE
A written notice informing the recipient of a violation of the provisions of this chapter and specifying a period of time in which to correct the violation.
DANGEROUS BUILDINGS, STRUCTURES AND CONDITIONS
All buildings, structures or conditions which are unsafe or unsanitary for human habitation, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life.
DISCARDED HOUSEHOLD FURNISHINGS
Any furniture, appliance, carpeting, or similar item, intended for indoor residential use, placed outside of an approved, enclosed and covered structure.
ENFORCING OFFICIAL
Any official of the City Police Department or any other City employee designated by the Mayor as the person to exercise the authority and perform the duties delegated by this chapter to the enforcing official.
GARBAGE
Vegetable or animal matter and all refuse matter arising from or produced by or that attends the preparation, use, cooking, dealing in or storing of bread, meat, fish, fowl, fruit or vegetables, and in general, from food for human consumption, and all other matter, including paper, cartons, boxes and cardboard.
GARBAGE AND/OR RUBBISH CAN
A watertight receptacle or container of substantial construction having a capacity of not more than 300 gallons, with a tight-fitting lid or cover that has been approved by the authorized contractor as suitable for pickup and dumping by hydraulic lift or hoist.
GRASS OR WEED NUISANCE
Any abundance of overgrown grass or weeds within the City 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 winged or downy seeds, when mature, that cause the spread of seeds and, when breathed, irritation to the throat, lung 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 grass or weeds, other than ornamental plant growth, which exceeds 12 inches in height.
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
All metals including but not limited to any used or secondhand parts of machinery; plumbing fixtures, or parts thereof; parts of an automobile, truck, bus, motorcycle, 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, including motor vehicles.
JUNK OR SALVAGE YARD
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, and which is maintained, operated or used for storing, keeping or dismantling of junk and salvage, but shall not include the place of business or premises of a scrap processor as herein defined.
LITTER
All waste material which can be or is subject to being blown from place to place or scattered by the elements, including, but not limited to, garbage, refuse, waste, paper, cartons, cans, metal, glass, plastics, wrappings, boxes or cardboard, whether or not it is of value. The term shall also include any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which might not be released from the inside, washer, dryer or any other appliance.
MOTOR VEHICLE
Any vehicle which is self-propelled, and shall include but not be limited to automobiles, trucks, buses, vans, motorcycles, motor homes, dune buggies, tractors and motorized recreational or agricultural vehicles.
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.
NEWSPAPER
Any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law, and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
NON-MOTORIZED VEHICLE
Any vehicle that is not self-propelled, and shall include but not be limited to camping trailers, utility trailers, boat trailers and horse trailers.
OCCUPANT
As applied to any house, building, store, shop, room, lot or premises, the owner, tenant or other person who, for the time being, is in possession or is in charge or control thereof, either for such person's self or for another, or as agent, officer or employee of a corporation.
OWNER OF PROPERTY
Includes legal title holder, lessee, or occupant of property, or agent of legal title holder or lessee, in charge, possession or control of property. For a building nuisance only, includes any mortgage holder of record.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation.
PERSON
Any individual, firm, association, limited liability company or corporation.
PREMISES
Any lot, yard, plot, tract, parcel or other piece of land or property located within the City, and any dwelling, flat, rooming house, apartment house, hospital, school, hotel, club, restaurant, boardinghouse, eating place, shop, church, business or place.
PRIVATE PREMISES
Any dwelling, house, building, or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PROPERTY/PUBLIC PLACE
Any real property, including appurtenances thereon, which is owned, maintained, or controlled by the City, or any county, state, or federal governmental entity, and shall include any street, avenue, road, drive, lane, boulevard, alley, sidewalk, highway, park or other property owned, operated, or controlled by the City, or any other public governmental entity, for the use, benefit or enjoyment of the general public.
REFUSE
All waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RESIDENTIAL PROPERTY
Any lot, tract, parcel, land or other property located within the City on which single-family or multifamily structures used as a residence or for human habitation exist, or any property that is located within an area that is zoned for residential uses by the City.
RUBBISH
"Rubbish" includes shrubbery trimmings, limbs, grass, leaves, stumps, stoves, refrigerators, freezers, sofas, hot water heaters, and other appliances, cardboard cartons, wood, boxes, plastics, rags, bedding, leather, rubber, metals, tin cans, tires and other refuse.
SANITARY LANDFILL
The place for dumping or disposing of garbage and rubbish, operated by the City of Albertville, Alabama, or such place or places designated by the County Health Officer of Marshall County.
SCRAP
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 refuse not otherwise classified herein as junk, litter or garbage.
SCRAP METAL YARD AND/OR PROCESSOR
Any person, establishment or place of business which is duly licensed and operated in accordance with all applicable laws and/or ordinances of the City, and which is maintained, used or operated solely for the processing or preparing of scrap metals and is engaged primarily in the purchase and collection of scrap metallics (e.g., manufacturing by-products, obsolescent 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.
TRASH
All tree and lawn trimmings, leaves, pine straw, trash that has been burned, rocks, bricks, dirt, ashes, lumber, bushes, and demolition-type waste, except this term shall expressly not include any paper, cartons, cardboard, refuse, garbage, litter, rubbish, sludge, liquids, toxic waste or wastes.
VEGETATION, GRASS, PLANTS AND WEED NUISANCE
Any vegetation, weeds, grass or plants (other than trees, bushes, flowers or other ornamental plants or vegetables under proper care and cultivation) which have grown to a height of 12 inches or more on any lot or tract of land in the City.
VEHICLE
Any device in, upon or by which any person or property is or may be transported, carried or drawn from one place to another, and shall include but not be limited to motor vehicles, boat trailers, utility trailers, horse trailers, bicycles, carts, tractors or other devices.
WASTE
Any paper, cartons, cans, litter or other materials which are thrown away or rejected for further use.
[Ord. No. 718-05, 7-11-2005]
It shall be unlawful for any person in possession, charge or control of any premises to keep, cause to be kept or allow to be kept on any premises within the corporate limits of the City garbage or rubbish in such manner that it will become offensive or detrimental to health or likely to cause disease. The designated City employee or his or her authorized representatives, or such other duly authorized inspectors as may be designated by the City Council of the City, are hereby authorized to inspect any premises within the corporate limits of the City for the purpose of ensuring that the requirements of this chapter are being complied with, and it shall be unlawful for any person to resist or interfere with such representatives by word, deed or act in the performance of such inspection.
[Ord. No. 718-05, 7-11-2005; Ord. No. 2040-26, 6-2-2026]
It shall be unlawful for any person to sweep, throw or otherwise deposit or cause to be swept, thrown or otherwise deposited any garbage or rubbish into or on any public street, alley, sidewalk, fountain, park, canal, stream, public water drain, sewer or receiving basin or the property of another person or property which is in the possession of another person within the corporate limits of the City, or to permit any garbage or rubbish to accumulate in such manner that it may be carried and deposited into or on any of the above places by action of the rain, wind, snow or animals.
[Ord. No. 718-05, 7-11-2005; Ord. No. 993-09, 8-3-2009; Ord. No. 2040-26, 6-2-2026]
It shall be the duty of every person in the possession, charge or control of any premises where garbage, rubbish or other waste is created or accumulated at all times to keep or cause to be kept a sufficient number of garbage cans or other containers for the deposit of garbage, rubbish or other waste to prevent the spreading or scattering of such garbage, rubbish, or other waste upon the premises. In the case of multiple dwellings or multiple occupancies, the owner of the premises shall at all times keep or cause to be kept a sufficient number of cans (at least one garbage can for each family or other unit) for the deposit of garbage. The lids or covers of such garbage cans shall be kept tightly closed at all times other than when garbage is being deposited or removed. If a garbage can provided by the contractor is insufficient as determined by the designated City employee, residential customers shall contract for additional containers as needed. However, if the designated City employee determines that the residential customer generates an excess amount of garbage, and it cannot be handled by the use of the container or containers provided by the contractor, then the residential customer shall use private contractors. Multifamily units, in excess of six units, shall provide an approved dumpster(s) for their residents. This shall also apply to all conforming and nonconforming mobile home parks.
[Ord. No. 718-05, 7-11-2005; Ord. No. 973-09, 5-4-2009; Ord. No. 994-09, 8-3-2009; Ord. No. 1070-10, 9-7-2010; Ord. No. 2040-26, 6-2-2026]
(a) 
Building debris such as scrap lumber, plastic, roofing material, concrete and construction waste resulting from the construction, remodeling or repair of any buildings or appurtenances on private property will not be removed by the authorized contractor. The owner must cause this waste to be privately moved. It shall be the responsibility of all fence companies, roofers, tree surgeons, nurseries and landscape contractors or any individual or company doing work on private property to remove from the premises all residue and rubbish resulting from any work. The City shall not be responsible for the collecting or hauling of rubbish, trash, limbs, brush or other debris from private property preliminary to, during or subsequent to the construction of new buildings of whatever type prior to occupancy. This material shall be removed by the owner of the property or the contractor responsible for its accumulation. No rubbish will be picked up by the City on any property along U.S. Highway 431 due to the danger to City employees.
(b) 
All rubbish to be removed by the company contracted by the City from private residences shall be placed at the edge of the owner's yard or in an accessible place approved by the contractor.
(c) 
The City will no longer pick up tires or other similar items. Residents must make arrangements for disposal of these items with a private contractor.
(d) 
All trees, limbs or stumps damaged or destroyed by wind, ice, fire or other natural disaster shall be removed from any premises, whether developed or underdeveloped, in the City within 90 days from the event.
[Ord. No. 718-05, 7-11-2005; Ord. No. 973-09, 5-4-2009; Ord. No. 2040-26, 6-2-2026]
(a) 
All business establishments in the City limits of Albertville, Alabama, must dispose of their garbage and rubbish by one of the following methods:
(1) 
Regular pickup by a private contractor certified by the Alabama Department of Public Health.
(2) 
Any other method approved by the Alabama Department of Public Health.
(b) 
No rubbish will be picked up from commercial property within the City limits. All rubbish must be placed in the containers provided by the authorized contractor. Other debris must be removed by a private contractor or the property owner.
[Ord. No. 718-05, 7-11-2005; Ord. No. 995-09, 8-3-2009; Ord. No. 2040-26, 6-2-2026]
All garbage cans and containers to be emptied by the authorized contractor from residences shall be placed at locations to be determined by the authorized contractor, such as at the end of driveways or the edge of yards, on the days designated by the authorized contractor by 7:00 a.m. All containers shall be removed by the owner or the occupant no later than 24 hours from pickup.
[Ord. No. 718-05, 7-11-2005; Ord. No. 2040-26, 6-2-2026]
It shall be unlawful for any person to remove any garbage or other like material from any garbage can or other container within the corporate limits of the City after it has been placed therein except under the orders of an officer, agent or employee of the authorized contractor or by some other authorized person removing the garbage for disposal.
[Ord. No. 718-05, 7-11-2005]
(a) 
Dead animals/unlawful disposal. It shall be unlawful and an offense for any person to throw any dead animal or fowl in or upon any street, alley or public place within the City.
(1) 
It shall be the duty of the owner of any dead animal, or the person in lawful possession of any dead animal, to dispose of it in a sanitary manner, provided that private persons may operate services for the removal and disposal of dead animals.
(2) 
It shall be the duty of the owner or person in lawful possession of a dead dog, cat, fowl or other small animal to put such animal in a box, sack or other receptacle before collection by the authorized contractor or by an operator of a private animal removal and disposal service.
(b) 
Dead animals/strays. It shall be the duty of any person upon whose premises a dead animal is found to dispose of that animal. Carcasses of animals not buried or otherwise disposed of in a sanitary manner within 24 hours after death are hereby declared to be a health nuisance affecting public health.
[Ord. No. 718-05, 7-11-2005; Ord. No. 1013-09, 3-4-2009; Ord. No. 1358-13, 12-2-2013; Ord. No. 1850-23, 4-17-2023; Ord. No. 2040-26, 6-2-2026]
(a) 
There is hereby established in the City a garbage collection, hauling and disposal service to be operated by the lowest responsible bidder. The collection, hauling and disposal of solid waste and residential refuse, bulk, vegetation and recycling shall be made weekly in residential areas.
(b) 
Effective June 1, 2023, the owner or occupant of all residential properties shall be charged for once per week garbage pickup service, once per week curbside refuse, bulk and vegetation pickup and once per week curbside collection of recyclable material at the most current negotiated rate per month for each single-family building unit. The City will concur with the Code of Alabama § 22-27-3(a)(3) for any exemptions to this monthly charge.
(c) 
Bills for all services under this section shall be due and payable during the month following the month in which service was received. Statements for services shall be mailed by the Municipal Utilities Board on its regular billing for water and electric services or from the City of Albertville. When mailed from the Municipal Utilities Board, payment shall be made to the Municipal Utilities Board for the garbage service fee. The Board shall remit the payment received to the City as agreed between the City and the Board. When mailed from the City of Albertville, payment shall be remitted at the Albertville City Hall.
[Ord. No. 718-05, 7-11-2005]
No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[Ord. No. 718-05, 7-11-2005]
No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
[Ord. No. 718-05, 7-11-2005]
No person shall throw or deposit litter in any park, fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
[Ord. No. 718-05, 7-11-2005; Ord. No. 2040-26, 6-2-2026]
(a) 
No person shall mark or write on, post or otherwise affix any handbill, sign, pointer, banner or balloons upon any public property, public road right-of-way, park, sidewalk, crosswalk, curb, curbstone, street lamppost, hydrant, railroad trestle, electric light, power, telephone or telegraph wire pole, or wire appurtenance thereof, or upon any lighting system, public bridge, drinking fountain, street sign or traffic sign, or upon any tree or any other fixture or appurtenance located on any public road or right-of-way or any public property of any nature.
(b) 
Any handbill, sign, pointer, banner or balloons found posted or otherwise affixed upon any public property contrary to the provisions of this section shall be removed by the Building Inspector, the Police Department or any other designated City employee or authorized entity as deemed necessary. The person, firm, or corporation responsible for any such illegal posting shall be liable for the cost incurred in its removal.
[Ord. No. 808-07, 2-5-2007]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
[Ord. No. 808-07, 2-5-2007]
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be bothered or have their right of privacy disturbed or to have any such handbills left upon the premises.
[Ord. No. 808-07, 2-5-2007]
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon private premises; provided, however, in case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any handbill in or upon the inhabited private premises if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[Ord. No. 718-05, 7-11-2005; Ord. No. 812-07, 2-19-2007; Ord. No. 2040-26, 6-2-2026]
(a) 
Intent. Graffiti on private or public property is a blighting factor which deteriorates property and depreciates the value of the property and of adjacent and surrounding properties. The City Council finds that graffiti or related inscribed material is a public nuisance and recognizes that it is done without the permission of the property owner and constitutes an act of vandalism and is criminal activity under state law. It is the City Council's further intent to provide for the prohibition of the placement of graffiti on public or private property as set forth in this section. Graffiti is inconsistent with the City's aesthetic standards and is injurious to the comfort, welfare and safety of the community. The existence of graffiti tends to breed community discontent and further criminal activity. The prompt removal of graffiti is necessary to prevent its proliferation, and failure to promptly remove or obscure graffiti increases the likelihood and probability that more graffiti will occur on the same site and on other nearby property. While a property and its owner or possessor are usually victims of the graffiti, it is always the duty of the owner or possessor of the property to remove graffiti immediately. To assist in preventing and controlling the spread of graffiti, the City Council authorizes the use of City funds to remove graffiti on public and private property as set forth in this section. The Council does not intend for this section to conflict with any existing state law.
(b) 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
GRAFFITI
Means any writing, drawing, inscription, figure, letter, number, symbol, word, marking or combination or other defacement with paint, ink, chalk, dye or other similar substances, or which is etched on public or private buildings, structures or places which is not authorized in advance by the property owner, or which is not permitted under the City's codes and ordinances, or despite authorization by the property owner or responsible party is otherwise deemed a public nuisance by the City. "Graffiti" includes but is not limited to any form of writing, drawing, doodling, inscription, figure, letter, number, words, symbol, marking or etching, initials, slogans, aphorisms, threats or insults, expressions of profanity, or that which is deemed obscene, vulgar or otherwise offensive, or other defacements, regardless of the content or nature of the materials used in the commission of the act. "Graffiti" does not include a sign posted by the property owner that is in compliance with City sign regulations, including the Zoning Ordinance.
GRAFFITI NUISANCE
Means any graffiti that has not been immediately removed or otherwise abated by the owner or responsible party of the property.
ORDINANCE ENFORCEMENT OFFICER
Means the person or persons designated by the City to enforce ordinance violations, other than the Police Department.
OWNER
Means the recorded legal titleholder or any person, group, firm, company, association, limited liability company or corporation having a legal or equitable interest in real or personal property, including but not limited to the interest of a lessee, tenant or occupant or possessor of property.
PROPERTY
Means any real or personal property, including but not limited to any building, structure, wall, sign or fence, or that which is affixed, incidental or appurtenant to real property.
PUBLIC NUISANCE
Means any public nuisance known at common law, or that which may be detrimental to the health, safety or welfare of the public. Property defaced by graffiti is declared a public nuisance.
RESPONSIBLE PARTY
Means an owner, lessee, tenant, occupant or any person having possession, charge or control of a property. Regardless of any arrangement or agreement to the contrary with any other party, each owner shall be a responsible party for the purposes of this section. There may be more than one responsible party for a property.
(c) 
Graffiti prohibited.
(1) 
Application of graffiti. It shall be unlawful for any person to write, paint, scratch, inscribe, scrawl, spray, place, draw or otherwise apply graffiti to any public or private building, structure or any other property within the City. Any person convicted of an offense under this Subsection (c)(1) shall be subject to a penalty as provided in § 1-8 of this Code.
(2) 
Duty of owner or responsible party. It shall be the duty of the owner or responsible party of a property to maintain that property free from graffiti. It shall be unlawful for an owner or responsible party to allow graffiti to remain on his or her property or to fail, neglect or refuse to immediately remove or abate any graffiti from his or her property. Any owner or responsible party whose property is vandalized by the application of graffiti is encouraged to notify the Ordinance Enforcement Officer or the Chief of Police or his or her designee. Upon notification, the Chief of Police or other appropriate contact within the Police Department shall record all reports of graffiti for investigation and reference purposes. If the owner or responsible party notifies the Ordinance Enforcement Officer or the Chief of Police or his or her designee as provided in this subsection, such owner or responsible party shall be allowed seven days from the date of such notification to abate the graffiti nuisance. Should the owner or responsible party fail, neglect or refuse to remove or abate the graffiti from the property within the seven days provided in this subsection, the owner or responsible party shall be issued a notice from the Ordinance Enforcement Officer to abate the graffiti as provided in Subsection (d)(2) of this section.
(d) 
Enforcement.
(1) 
Inspections. The Ordinance Enforcement Officer or any designee or any designee of the Police Department is authorized to make inspections of properties within the City to enforce the provisions of this section.
(2) 
Notice. If the owner or responsible party of any real property within the corporate limits of the City shall fail, neglect or refuse to comply with the provisions of this section, the Ordinance Enforcement Officer or any designee may cause to be served upon the owner or responsible party, in person or by first-class mail, a written notice apprising the owner or responsible party of the violation of this section and requiring such owner or responsible party to comply with this section by removing or abating graffiti within seven days of the date of the notice is issued. This notice shall contain the street address or location of the property, a statement that the property is a graffiti nuisance, a concise description of the conditions that render the property a graffiti nuisance, and a statement that the graffiti nuisance must be abated by removal within a time as specified in the notice. The notice shall advise the owner or responsible party that if the graffiti nuisance is not abated within the allowed time, the City may enter the property and abate the graffiti nuisance and assess the costs of abatement to the property owner or responsible party and cause a citation to the Municipal Court to be issued for a violation of this section. The notice shall also advise that the owner or responsible party may request an appeal hearing as set forth in Subsection (d)(3) of this section and shall name the date, time and place for the hearing.
(3) 
Appeal hearing. An owner or responsible party receiving a notice may request an administrative hearing before the Ordinance Enforcement Officer or other hearing officer as designated by the Ordinance Enforcement Officer to determine whether the owner or responsible party is in violation of this section. The Ordinance Enforcement Officer and the owner or responsible party shall have the right to compel attendance of witnesses on their behalf at this hearing. If, after the hearing, the Ordinance Enforcement Officer determines that this section has been violated, the owner or responsible party shall have five (5) days from the date of notification of the determination to comply with this section. If the owner or responsible party fails, neglects or refuses to comply after such notification, the Ordinance Enforcement Officer may institute the following enforcement procedures:
a. 
The Ordinance Enforcement Officer may cause the abatement of the graffiti nuisance by removing or obscuring the graffiti. An account of the costs of the abatement shall be kept by the Ordinance Enforcement Officer. Costs may include but are not limited to costs incurred in inspecting the property, documenting the nuisance, preparation of notices, work orders and abatement contracts, and inspection of the abatement work, legal expenses and other expenses. A billing notice of the expenses incurred by the City for the graffiti abatement may be served upon the owner or responsible party by certified mail or by personal delivery. The billing notice shall include the street address or location of the property where the abatement occurred and a statement of the expenses incurred by the City for abating the nuisance on the subject property and requiring that the expenses be paid to the City within 30 days from the date of the billing notice, or an assessment may be placed against the subject property. If the expenses are not paid within the allotted time, the Ordinance Enforcement Officer may render an itemized report in writing to the City Council setting forth the costs for abating the graffiti nuisance and requesting that an assessment be placed against the subject property. The Ordinance Enforcement Officer shall notify the owner or responsible party at least five days in advance of the time fixed for the Council to receive the report, and the owner or responsible party may appear at that time and present any objections to the report. At the time fixed for receiving and considering the report, the Council shall hear the report, along with any objections which may be raised by the owner or responsible party whose property is liable to be assessed for the abatement. The Council may make such modifications to the report as it deems necessary, after which, by motion or resolution, the report shall be confirmed. The amounts set forth in the report shall constitute special assessments against the subject property and shall constitute a lien on the property for the amount of the assessments. After confirmation of the report, a copy shall be given to the City Clerk, who is charged with the collection of assessments, and it shall be the duty of the City Clerk to charge the assessments against the respective property, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal assessments are collected and shall be subject to the same penalties and the same procedures under foreclosure and sale in case of delinquency as provided for ordinary municipal assessments.
b. 
The Ordinance Enforcement Officer may cause a citation to be issued to any owner or responsible party who, after written notice has been issued, fails, neglects or refuses to comply with the provisions of this section. Such citation shall name the party charged, the address or location of the property where the graffiti nuisance is located and the nature of the offense or violation. It shall also apprise the responsible party of the date, time and place at which to appear for court. Such citation shall be returnable to the Municipal Court.
c. 
The Ordinance Enforcement Officer may institute both enforcement procedures set forth in Subsection (d)(3)a and b of this section.
(e) 
Emergency removal. If the Ordinance Enforcement Officer determines that any graffiti is an immediate danger to the health, safety or welfare of the public, then 48 hours after the notice is posted on a conspicuous place on the property the City may remove or cause the graffiti to be removed.
(f) 
Right of entry. The Ordinance Enforcement Officer is authorized to enter upon any property within the City for the purpose of enforcing this section, or for the purpose of abating a graffiti nuisance.
(g) 
Materials. In no case shall the City be required to paint or repair any more extensive an area than that where graffiti is located or is necessary to remove or abate the graffiti, as determined by the Ordinance Enforcement Officer. The City shall not be required to restore the property to its original condition with regards to color, texture or type of material used for abatement.
(h) 
Penalty. Any owner or responsible party of a graffiti nuisance property who violates this section by allowing graffiti to remain upon the property shall upon conviction be punished as provided in § 1-8 of this Code.
[Ord. No. 718-05, 7-11-2005]
The owner of any private property shall at all times maintain the premises free of litter. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
[Ord. No. 3238, 5-24-2005; Ord. No. 2040-26, 6-2-2026]
(a) 
Notice to remove. The enforcing official, Mayor or person designated by him or her is authorized and empowered to notify the owner as provided in § 13-22 of any open or vacant private property within the City or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to the owner at his/her last known address.
(b) 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to public health, safety or welfare within seven days after receipt of written notice provided for in Subsection (a) above, or within seven days after the date of such notice in the event it is returned to the City because of the inability of the United States Postal Service to make delivery thereof, provided it was properly addressed to the last known address of such owner or agent, the enforcing official, Mayor or a person designated by him or her is authorized and empowered to pay for the disposing of such litter or to order its disposal by the City. The owner is subject to punishment as provided in § 13-32.
[Ord. No. 718-05, 7-11-2005]
It shall be unlawful for any person to remove or cause to be removed from any street or sidewalk in the City any receptacle furnished by the City for the deposit of trash. It shall be unlawful for any person to deface any such receptacle or to cause it to be used in any way which will make it inaccessible for the receipt of trash. It shall be unlawful for any person to place, store or cause to be placed or stored any goods, merchandise, lumber, rubbish or other material near any such receptacle in such manner as to interfere with or prevent the use of any such receptacle for the purpose which it is intended to serve.
[Ord. No. 718-05, 7-11-2005; Ord. No. 2040-26, 6-2-2026]
Every person owning or having charge of any premises in the City shall keep the same free of any growth of weeds favorable to the harboring of mosquitoes or other insects of like kind, and every such growth of weeds is hereby declared to be a nuisance, and every such person who shall allow any such growth of weeds to accumulate on the premises which such person owns or of which he or she is in charge shall be punished as for any other violation of this Code.
[Ord. No. 718-05, 7-11-2005]
Any growth of weeds more than one foot in height shall be deemed favorable to the harboring of mosquitoes or insects of like kind within the meaning of this chapter.
[Ord. No. 718-05, 7-11-2005; Ord. No. 1288-13, 3-18-2013; Ord. No. 2040-26, 6-2-2026]
(a) 
Upon receipt of a complaint, or other discovery, that a public nuisance defined by this chapter exists on any property located in the City and upon completion of the field investigation by enforcement personnel and determination that a public nuisance exists, the following procedures will apply: the property will be posted advising the nature of the public nuisance and requesting abatement of the public nuisance pursuant to the requirements of this chapter within seven days.
(b) 
A letter of demand will be sent to the property owner by first-class mail. The notification to the property owners will advise that they have the right to appear before the City Council to contest the notice of public nuisance. Written request for a hearing must be received by the City Clerk within seven days after the posting of the notice of public nuisance and the date of the letter of demand. At the hearing before the City Council, the property owner may introduce such evidence as is deemed necessary, and the City Council shall hear and consider all objections, evidence and protest regarding the proposed removal of weeds or other plant life. The Council may continue the hearing, from time to time. Upon the conclusion of the hearing, the Council, by resolution, shall decide whether a public nuisance exists and if so shall order it to be removed or abated with respect to any of the property or part thereof described. The governing body, by passage of such resolution, shall be deemed to have acquired jurisdiction to proceed and to perform, or have performed, the work of removal or abatement with respect to such property. The decision of the governing body on matters relating to the termination of a public nuisance shall be deemed final and conclusive. Upon approval of the resolution finding the condition of the property to be a public nuisance and ordering its abatement, all employees and duly authorized agents of the City are hereby expressly authorized to enter upon public and private property for the purposes of abatement and removal of such violation as set out in the resolution.
(c) 
The Council may, at its option, authorize private contractors, companies, enterprises or individuals to abate and remove the public nuisance on behalf of the City. The Council, by resolution, shall designate the contractors, companies, enterprises or individuals who may perform such work. Those persons so designated are authorized to enter upon public and private property for the purpose of abating or removing such nuisance.
(d) 
If no objections or requests for hearing are filed with the City Clerk within the time period set out hereinabove, it shall be presumed that the person accepts the notice of public nuisance as fact and waives any right that person may have to contest the removal of weeds and other plant life, and the action of the City Council shall be final unless good and sufficient cause can be otherwise shown.
[Ord. No. 718-05, 7-11-2005; Ord. No. 2040-26, 6-2-2026]
(a) 
Accounting of costs. The enforcement officer shall keep an account of the cost of abating or removing such nuisance of each separate lot or parcel of land where the work is being done by City employees or by a duly authorized private contractor, company, enterprise or individual, and shall render an itemized report in writing to the City Clerk of the City showing the cost of removing the nuisance on each separate lot, provided that before the report is submitted to the City Clerk, a copy of the same shall be posted for at least five days prior thereto at the City Hall of the City.
(b) 
Assessment. The City Clerk, upon receipt of the cost of abatement from the enforcement officer and after posting of the same as provided in Subsection (a) above, shall request that the City Council adopt a resolution assessing such costs. The City Council is hereby authorized to assess against the property made the basis of the previous notice of public nuisance and abatement work pursuant to this chapter the actual cost to the City of such abatement, plus the sum of 50% of such costs to reimburse the City for actual costs of abatement of the nuisance plus administrative costs. The assessed costs shall constitute a lien against the property. Notice of the lien in such form as the City Council shall determine shall be filed in the office of the judge of probate of the county and recorded as other liens are recorded.
(c) 
Collection; lien. Upon receipt of the resolution setting out the costs of abatement and administrative costs associated with the abatement of the public nuisance as provided for in Subsection (b) above, the City Clerk shall also file with the Tax Collector of the county a copy of such resolution, and the Tax Collector will collect the nuisance abatement costs and lien under the optional method of taxation pursuant to §§ 11-51-40 through 11-51-74, Code of Alabama, 1975, as it presently exists or hereinafter amended. The lien shall be added to the next regular bill of taxes levied against such property and shall be collected in the same manner as ordinary municipal ad valorem taxes and shall be subject to the same penalties and procedures under foreclosure and sale in the case of delinquency as provided by law.
[Ord. No. 718-05, 7-11-2005; Ord. No. 738-05, 8-3-2005]
In addition to the rights of notice of public nuisance and abatement as provided for herein and the reimbursement of costs and liens associated therewith, as an additional remedy and penalty, any police officer of the City, or other person who is hereby authorized, may cause a complaint to be filed in the Municipal Court alleging a violation of any provision of this chapter against any person found to be in violation of this chapter, which complaint shall be heard and tried in the Municipal Court in the same manner as other violations of municipal ordinances of this City. Any person in violation of any of the provisions of this chapter, in addition to any other public nuisance abatement provisions provided hereinabove, shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in § 13-33 of this chapter and the Code of Ordinances of the City. Each day in which a violation occurs or continues shall be deemed a separate offense.
[Ord. No. 718-05, 7-11-2005]
All persons occupying a residence or business in the City which is located on a street or alley or both are required to keep the sidewalk, street and alley adjacent to their residence or place of business free from all weeds and other vegetation.
[Ord. No. 718-05, 7-11-2005; Ord. No. 787-06, 11-6-2006; Ord. No. 2040-26, 6-2-2026]
(a) 
Scrap and junk.
(1) 
Residential property. It shall be unlawful and a violation of this chapter for any tenant or owner of property to store or keep upon the premises of any residential lot, apartment building or complex, trailer court or other tract of land or lot used for residential purposes any inoperable vehicle, scrap or junk, as defined herein, unless it is housed in an approved, enclosed and covered structure so as not to be viewable from any public way or any other private property and in such a manner as to prevent a health, fire or safety hazard as defined by the laws of the state and the ordinances of the City.
(2) 
Commercial property.
a. 
It shall be unlawful and a violation of this chapter for any tenant or owner of property to store or keep upon commercial property within the City any inoperable vehicle, scrap or junk, unless it is housed in an approved, enclosed and covered structure.
b. 
Every junk and salvage yard, scrap metal processing yard, or automobile graveyard, as defined in this chapter, shall be enclosed, except for entrances and exits, with a solid or otherwise nontransparent vertical wall or fence of a minimum height of eight feet measured from ground level at any point. Entrances and exits shall not be wider or more numerous than is reasonably necessary for the conducting of business. This requirement may be waived and/or modified as to any side or portion of these premises which are adequately screened by natural objects, plantings, structures or other appropriate means so as not to be visible from public ways or from adjacent property. No fence shall be required along a railroad right-of-way where it is not necessary to discourage trespass by children or vagrants.
c. 
It shall be unlawful and a violation of this chapter to keep or store upon the premises of any retail store or shop, secondhand store, thrift store, or similar commercial property or establishment, at a distance greater than 10 feet from the building, any merchandise, goods, wares or other items displayed for sale to the general public, unless housed in an approved, enclosed and covered structure or enclosed by a solid or otherwise nontransparent vertical wall or fence that is a minimum of seven feet in height measured from ground level so as not to be viewable from adjacent public ways or from adjacent residential property and stored in such a manner as to prevent any health, safety or fire hazard.
(3) 
Exceptions.
a. 
Excepted from the requirements of Subsection (2)a of this section are:
1. 
Materials stored or located on the premises of any junk and salvage yard, scrap metal processing yard or automobile graveyard, as defined herein, that is duly licensed and operated in compliance with all applicable codes and ordinances of the City.
2. 
Vehicles being repaired or awaiting repair that are located on the premises of any automobile repair shop, auto body repair shop or other vehicle repair enterprise that is duly licensed and operated in compliance with all applicable codes and ordinances of the City, provided these vehicles are so located or stored in a manner as to prevent any health, fire or safety hazard.
b. 
Excepted from the requirements of Subsection (2)c of this section are:
1. 
Materials, goods, and/or supplies which are normally stored, displayed or kept outside on the premises of building supply companies, lumber yards, plumbing supply companies, nurseries and similar commercial establishments so long as they are stored in such a manner as to prevent overgrowth with grass and/or weeds and the harboring of rats, mice, insects, reptiles and other vermin, so as to prevent any health, fire or safety hazard. These items shall not encroach on any public road right-of-way.
2. 
Merchandise, goods or supplies displayed on the premises of duly licensed retail or commercial sales establishments for the purpose of temporary special promotional sales, so long as they are displayed in a manner to prevent any health, fire or safety hazard while so displayed. Displays under this subsection shall be permitted only four times per year not to exceed one week per occasion.
3. 
Automobiles, trucks, boats, tractors, agricultural or industrial equipment, lawn and garden equipment, and other vehicles displayed on the premises of establishments that are duly licensed for the sale of such items.
4. 
Building materials located on premises where a valid permit is in existence for construction or repairs.
(4) 
Requests for extension of time. Any person receiving written notice of any violation of this chapter, or their duly authorized agent, may, within seven days following the date of issue of such notice, request an extension of the date. This request must be in writing and must state the location of the property, the date of the notice of violation of this chapter and the official notice number. The request must also state the hardship or reason for the request and the amount of time that is requested. No request for an extension filed later than seven days after the date of this notice shall be acted upon without consent of the enforcing official, Mayor or other designated person.
[Ord. No. 718-05, 7-11-2005]
(a) 
Inoperable motor vehicles on public property. It shall be unlawful and a violation of this chapter for any person to abandon, place, leave, store or park any inoperable motor vehicle owned by or in possession or control of that person upon any public property in the City for more than 48 hours. Notice to remove such inoperable motor vehicle from the public right-of-way within 48 hours shall be placed upon the vehicle or served upon the last known owner of record. If the vehicle is not removed from the public right-of-way within 48 hours, the City may cause the vehicle to be removed and impounded at a depository designed for such purpose. The City shall have a lien upon the vehicle that is impounded. The lien shall be for the amount of the cost of the removal and impoundment plus such reasonable amount as may be charged for storing the vehicle. For the purpose of this chapter, any motor vehicle located on public property without a current and proper license plate shall be deemed abandoned and improperly stored.
(b) 
Non-motorized vehicles on public property. It shall be unlawful and a violation of this chapter for any person to abandon, place, leave, store or park any non-motorized vehicle owned by or in possession or control of that person upon any public property in the City. Notice to remove the non-motorized vehicle from the public right-of-way within 48 hours shall be attached to the vehicle or served upon the owner, if known. If the vehicle is not removed from the public right-of-way within 48 hours, the enforcement officer, or his or her authorized agent, may issue a citation to any person who refuses or fails to comply with the provisions of this section of this chapter and/or may cause the vehicle to be removed and impounded at a depository designed for such purpose. The City shall have a lien upon the vehicle that is impounded. This section shall apply, but not be limited, to boat trailers, utility trailers, and camping trailers.
[Ord. No. 718-05, 7-11-2005]
It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure or on any premises under such person's control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which might not be released from the inside, without first removing the lid or door, snap lock or other locking device from such icebox, refrigerator or container.
[Ord. No. 718-05, 7-11-2005; Ord. No. 2040-26, 6-2-2026]
In order to protect the property rights and values, public health, safety, morals and general welfare of all citizens, fences must be kept in good repair and if of a type other than chain link must be properly painted or preserved. The owner shall repair, paint, remove or otherwise attend to any fence if it becomes unsightly or a menace to public safety, health or welfare.
(a) 
Fences constructed of light gauge wire such as chicken coop wire or other flimsy material are forbidden. Dangerous fences, including but not limited to electric and barbed wire fences, are subject to § 6-10 of this Code.
(b) 
Fencing for dog pens shall be located at the rear of the residence or property.
[Ord. No. 718-05, 7-11-2005]
It shall be the duty of the owner or any person in control of or charge of property located within the City to maintain their property in compliance with the provisions of this chapter, free of any inoperable vehicles, junk, scrap, garbage or litter as herein defined.
[Ord. No. 2040-26, 6-2-2026]
(a) 
A person commits the crime of criminal littering if he or she engages in any of the following acts:
(1) 
Knowingly deposits in any manner litter on any public or private property or in any public or private waters without permission to do so. For purposes of this subsection, any series of items found in the garbage, trash, or other discarded material, including but not limited to bank statements, utility bills, bank card bills, and other financial documents, clearly bearing the name of a person shall constitute a rebuttable presumption that the person whose name appears on the material knowingly deposited the litter. Advertising, marketing, and campaign materials and literature shall not be sufficient to constitute a rebuttable presumption of criminal littering under this subsection.
(2) 
Negligently deposits, in any manner, glass or other dangerously pointed or edged objects on or adjacent to water to which the public has lawful access for bathing, swimming, or fishing, or on or upon a public highway or within the right-of-way.
(3) 
Discharges sewage, oil products, or litter into a river, inland lake, or stream within the state or within territorial waters of the state.
(4) 
Throws, drops, or permits to be thrown or dropped any litter upon or alongside any highway, road, street, or public right-of-way and does not immediately remove the same or cause it to be removed or removes a wrecked or damaged vehicle from a highway and does not remove glass or other injurious substance dropped upon the highway from the vehicle.
(b) 
For the purposes of this section, "litter" means rubbish, refuse, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris, plastic, cigarettes, cigars, containers of urine, food containers, rubber tires, or any foreign substance. Any agricultural product in its natural state that is unintentionally deposited on a public highway, road, street, or public right-of-way is not litter for purposes of this section or Alabama Code § 13A-7-29 or § 32-5-76. Any other law or ordinance to the contrary notwithstanding, the unintentional depositing of an agricultural product in its natural state on a public highway, road, street, or right-of-way shall not constitute unlawful littering or any similarly prohibited activity.
(c) 
It is no defense under Subsection (a)(3) and (4) that the actor did not intend, or was unaware of, the act charged.
(d) 
Criminal littering is a Class B misdemeanor, subject to a penalty as prescribed in Alabama Code § 13A-7-29(d).
[Ord. No. 718-05, 7-11-2005; Ord. No. 2040-26, 6-2-2026]
(a) 
If the owner fails, neglects or refuses to comply with the notice to abate the nuisance, the enforcing official may proceed to prosecute the person for a violation of the provisions of this Code.
(b) 
All violations of the provisions of this chapter shall be punishable as provided in § 1-8 of this Code and by an order to abate the nuisance.
(c) 
The enforcing official may institute the enforcement procedure set forth above. The institution of one procedure does not preclude the subsequent or simultaneous institution of the other procedure, provided that the criminal procedure is not used to collect any outstanding civil assessments against the subject property.