The City's ordinance requires the ordinance be published in a local newspaper 10 days prior to enforcement of the ordinance in any calendar year. A public notice of the ordinance is published in the Observer Eccentric on or about May 1st. In addition, the ordinance is printed on the water bills sent out in the late winter months, as well as printed in the spring and summer issues of the Birmingham Newsletter, which is sent to each address in the City of Birmingham. Any parcel found in violation of the ordinance will be cut by the City and subject to a civil infraction and fine up to $200. The property owner will be billed a minimum of $135 for the cutting of the grass/weeds.
Grass and Noxious Weeds Ordinance:
Sec. 118-66. Dense, noxious growth prohibited. No owner of any parcel of land with the city or the agent of such owner shall permit on such parcel of land or upon any sidewalk abutting the same, or upon that portion of any street or alley adjacent to the same between the property line and the curb or traveled portion of such street or alley, any growth of weeds, grass or other rank vegetation to a greater height than eight inches on the average, or any accumulation of dead weeds, grass or brush. No such owner or agent shall permit on such land poison ivy, ragweed or any other poisonous, noxious or unhealthful growths.
Sec. 118-67. Cutting required. Prior to the enforcement of this chapter in any calendar year, the city manager is authorized to notify the owner of any parcel of land, or the agent of the owner, to cut, destroy and/or remove the material and vegetation referred to in section 118-66 and to keep it cut, destroyed and/or removed. Such notice shall be given by publishing the same in a newspaper circulating in the city and by such other method as may be directed by the city commission.
Section 118-68. Work done at owner's expense. (a) If at any time during a period commencing ten days after the publication of notice and October 15 next following, the city manager shall find that any owner or owner's agent has failed to cut, destroy and/or remove the material and vegetation referred to in section 118-66, he shall cause such material and vegetation to be cut, destroyed and/or removed, bill the owner for the cost thereof at rates established by the city commission.
(b) Such unpaid charges shall become a lien upon the property on which such work has been done or upon the property abutting or adjoining the alley, street or sidewalk upon which such work has been done upon the completion of the work.
(c) Payment shall be due to the city within 30 days of the bill being sent to the property owner for the performance of such services. If payment is not received by the city within 30 days after such billing, the city treasurer shall add an additional penalty of 1% per month to the delinquent bill. The city treasurer shall annually, on May 1, certify any delinquent billing, or any part thereof, together with all accrued interest and penalty, to the commission; and, it shall be transferred and reassessed, with an additional 15% penalty, on the next annual city tax roll. Such charges so assessed shall be collected in the same manner as general city taxes.
Sec. 118-69. Fines. Any person who violates any of the provisions of Chapter 118-66 through 118-68 of the Code of Ordinances of the City of Birmingham, shall, in addition to the other obligations imposed thereby or by other applicable law, be responsible for a municipal civil infraction and subject to a civil fine as provided in the City's Fee Schedule.