Dothan commissioners agree to ask lawmakers to introduce bill to lessen weed abatement burden

Weed abatement has historically been a long and expensive process for property owners and the city’s Public Works Department.

Legislation approved by the Dothan City Commission on Tuesday and expected to be introduced in the Alabama Legislature seeks to decrease the time frame by designating a departmental enforcement officer to make decisions rather than depending on the City Commission’s meeting schedule.

“We want to accelerate the process and make it cheap, and that’s what this legislation will do,” Planning and Development Director Todd McDonald said after describing the “long and involved” process that state law dictates for Class 5 municipalities that requires three separate actions by the city representatives.

From the initial complaint reporting someone’s property is overgrown with weeds, shrub, wild bushes, grass or other vegetative growth to Public Works employees actually cutting the grass is around six weeks to two months.

McDonald said the city can field several more complaints after the yard has been deemed in violation of the city ordinance regulating weeds until it gets cleaned up. Meanwhile, the yard can become more overgrown.

The abatement procedure starts with a complaint, which must be verified by city personnel. The property must be overgrown to the point it has become injurious to the health, safety and welfare of the community.

The owner is sent a letter by the department giving 10 days to comply with ordinance. If after the 10 days, city workers inspect the property to find it still not in compliance, it is bundled with others and referred to the city to start the formal abatement process.

The City Commission must formally declare the properties to be nuisances, with photos and information provided by the Planning and Development Department, and approve a motion to call a public hearing at the next regularly scheduled public meeting, which generally occurs two weeks later.

The city clerk sends a notice to all owners to inform them of the abatement proceedings. The legal notice is advertised in the newspaper in accordance with the law, and the city posts a sign on the owner’s property. Signs cost $94 each; the two legal notices required in the 30-day time frame cost $156.50. Even if the property owner cleans up the property, he or she is still required to pay the fees for signage, advertising and notices.

The City Commission holds public hearings so property owners can address the commission before determining lots are a nuisance and approving that taxes be levied on property owners to retrieve some of the city’s costs. The cost of cleanups varies due to the number of lots, their sizes and the extent of the work required, but generally cost at least $127.

When McDonald became the head of the department in 2006, he wanted to make the process less grueling for both parties.

In 2014, he helped pass an ordinance that sped up the abatement process for repeat offenders and indicated then that officials were working on local legislation that was unanimously approved Tuesday.

The proposed legislation seeks to trim the abatement process to around two weeks; reduce the requirement for advertising and other formal notices; and create an appeals process through Circuit Court. Property owners will be notified with a letter sent to the owner of record’s address and a separate notice posted on-site.

“Everything is internal; everything is staff-driven,” McDonald said. “The only time it will come to the City Commission anymore is when they assess the fees for the cut lawns.”

That fee, McDonald said, would be lessened a great deal for the taxpayer.

In 2019, the code enforcement office received 397 complaints of overgrown lots. In 18% of them — 72 — costs were assessed totaling $19,140, according to the city clerk.

The Public Works Department also seeks to ease the burden on its staff of mowing and cleaning up the properties, instead using local contractors.

The proposed legislation only applies to mayor/commission/city manager forms of government in Class 5 municipalities.

Here is a link to the full text of the proposal.

In other actions:

» City commissioners approved applications for a special events retail (on premise) license for Dothan Rodeo on Highway 231 South, a retail beer and retail table wine license for Murphy Mill Convenience on Montgomery Highway, and an application for a pool and billiards license for Rob & Dave’s on South Foster Street.

» An application for an off-premise retail beer and retail table wine license for Run and Tell Food Mart at 2225 Lake St. by Kali Jackson was denied 4-3. Commissioner Albert Kirkland noted that the applicant’s past history with law enforcement should be noted.

Jackson pleaded guilty to manslaughter in a 2006 shooting that left one man dead.

Kirkland, Commissioners David Crutchfield and John Ferguson, and Mayor Mark Saliba voted against the motion. Commissioners Kevin Dorsey, Janasky Fleming and Beth Kenward voted to approve the application.