, reported at 3 Bull Oak Dr Sw Huntsville, AL, 35824, USA.
Now that it has been about a month since the weeds at 3 Bull Oak Drive were last cut, the weeds have grown back up and many are currently over a foot high. ARTICLE III. - WEEDS AND OVERGROWN GRASS Sec. 27-91. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Grass and weed nuisance means any abundance of overgrown grass or weeds within the city, which is injurious to the general health, safety and 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 fire threat or hazard; 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 grass or weeds, other than ornamental growth, which exceeds a height of eight inches growing upon any lot or parcel of land within any platted, subdivided, or improved residential, commercial or industrial subdivision, and any growth of grass or weeds, other than ornamental growth, which exceeds a height of 12 inches on property adjacent to a platted, subdivided, or improved residential, commercial or industrial subdivision. Improved subdivision means a division of a tract of land or acreage into tracts or parcels, and the improvement by construction of streets, water lines and, where applicable, sewer lines to serve the subdivided property. Natural condition means uncultivated and unseated 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 of property means legal titleholder, or lessee, or occupant of property, or agent of legal titleholder or lessee, in charge, possession or control of the property. (Ord. No. 86-294, 5-8-1986; Ord. No. 04-948, 12-9-2004; Ord. No. 15-922 , § 1, 12-17-2015) Cross reference— Definitions generally, § 1-2. Sec. 27-92. - Exceptions. Excepted from the requirements of this article are: (1) Any property which is in its natural condition. 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. (2) Any property which is located outside any improved subdivision and is located more than 200 feet from any boundary of any lot or parcel of real estate upon which any dwelling is located, and more than 200 feet 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 grass and weeds in violation of the remaining terms of this article. (4) Ornamental shrubbery and ground cover, provided that such uses are part of a landscaping theme and not associated with a general deterioration of the property. (Ord. No. 86-294, 5-8-1986) Sec. 27-93. - Overgrown condition prohibited. It shall be unlawful and a nuisance, in violation of this article, for the owner of any real property situated within the corporate limits of the city to allow such real property to become overgrown with tall grass, or with any weed or plant such as jimson, burdock, ragweed, cocklebur or other weed of like kind, or any weed or plant bearing wingy or downy seeds, or any weed or plant that is otherwise noxious, dangerous, harmful or poisonous. (Ord. No. 86-294, 5-8-1986) Sec. 27-94. - Maintenance of grass, weeds. (a) It shall be the duty of the owner of any real property located within the city to maintain any grass or weeds growing upon the property in such a manner as not to constitute a nuisance. (b) The duties and obligations of the owner of any real property located within the city extend to and include any such real property situated within a dedicated right-of-way or easement burdening the property, except to the extent that it may be impracticable to do so because of public facilities located there. Such rights-of-way and easements must be maintained by the owner in a manner consistent with the maintenance of the owner's remaining property and within the requirements set forth in this article, except to the extent it may be impracticable to do because of public facilities located there. (Ord. No. 86-294, 5-8-1986) Sec. 27-95. - Maintenance practices of City of Huntsville and of public utilities. The dedication and existence of a right-of-way for a public road and of an easement for drainage or for public utilities represents the grant of only a limited interest in property and does not change the actual ownership of the property upon which the right-of-way or easement is located. The public authority maintains rights-of-way and easements only to the extent necessary to maintain the public facility and to maintain safety. The owner of the burdened property continues to control the property, except to the extent that such control interferes with the public use. The public authority does not cut grass, weeds and other growth upon rights-of-way or easements, except to the extent necessary for operations and safety purposes. All other maintenance is the responsibility of the owner of the property upon which the right-of-way or easement is located. (Ord. No. 86-294, 5-8-1986) Cross reference— Utilities, ch. 26. Sec. 27-96. - Enforcement. If the owner of real property located within the corporate limits of the city shall fail or refuse to comply with the provisions of this article, the manager of the community development division or other code enforcement officer of the community development division may cause to be served upon such owner, in person or by first class mail, notice requiring such owner to comply with this article within a time stated in the notice, or to appear for an administrative hearing before the manager or other code enforcement officer or officers of the community development division as designated by the manager to determine whether the owner is in violation of this article. The notice shall apprise the owner of the facts of the claims against him and shall name a particular date, time and place for such hearing. The manager and the owner shall have the right to compel attendance of witnesses on his own behalf at such hearing. If after the hearing the manager finds that this article has been violated and a nuisance exists, the owner shall have five days from the hearing date, or five days from the date of notice by personal service or by first class mail, of the manager's determination, whichever is the later date, to comply with this article; otherwise, the manager may thereafter institute the following enforcement procedures: (1) a. The manager of the community development division may cause the cutting of the offending grass or weeds. The manager shall keep an account of the costs of the cutting of the grass or weeds and shall render an itemized report in writing to the city council, setting forth the costs of cutting the grass or weeds. The owner shall be notified by first class mail at least five days in advance of the time fixed by the manager for the council to receive the report; and the owner may appear at that time and present objections, if any there be, to the report. b. At the time fixed for receiving and considering the report, the council shall hear the report, together with any objections which may be raised by any of the owners whose property is liable to be assessed for the work and thereupon make such modifications in the report as they deem necessary, after which by motion or resolution the report shall be confirmed. The amounts of the cost for cutting and removing the grass or weeds mentioned in the report shall constitute special assessments against the land and as thus made and confirmed shall constitute a lien on the property for the amount of such assessments. After confirmation of the report, a copy shall be turned over to the city clerk-treasurer, who is charged with the collection of assessments, whereupon it shall be the duty of the city clerk-treasurer to charge the assessments against the respective lots and parcels of land for municipal purposes; and thereafter such 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 procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal assessments. (2) The manager of the community development division or any enforcement officer working under his supervision may issue a citation to the owner of the property, requiring the owner to appear in the municipal court to answer charges for the violation of this article. Such citation shall name the party charged, the address of the property where the alleged violation is located, and the nature of the offense or violation. It shall also apprise the owner of the date, time and place at which to appear for court. Upon a finding of guilty in the municipal court, the owner is subject to the same penalty as provided for violation of city ordinances in section 1-7. Such citation, returnable to the municipal court shall be served on the owner of the property by any enforcement officer for the community development division, who shall forthwith appear and make oath as to the alleged offense before a magistrate of the municipal court. This provision for the issuance of a citation to municipal court shall not prevent any such officer from appearing before a municipal court magistrate and making oath as to the facts and applying for
Thank you for reaching out to us. The Department of Community Development has issued a work order for your request. An inspector will check the entire street for violations of the ordinances we enforce and the occupant/owner will be notified if violations are found. For additional information on code enforcement, please visit the City’s website linked here - https://www.huntsvilleal.gov/residents/neighborhoods/code-enforcement/ . If you would like to reach out to us directly, please contact our office at 256-427-5400. Thank you for making us aware! Your Huntsville Connect Customer Service Team.
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