LEGAl Notice from CITY OF EUTAW

Be It Ordained by the City Council of the City of Eutaw, Alabama, that the following ordinance is adopted to amend Chapter 42, Article I of the Code of Ordinances, City of Eutaw, is hereby amended as follows:

Section One – Cumulative Nature

These provisions shall be cumulative in nature, and are in addition to any and all power and authority which the City may have under any other law, including statute or other ordinance of the City.

Section Two – Unlawful growth of vegetation.

In order to keep premises and vacant lots within the city free of any growth of weeds or grass downed trees and /or limbs favorable to the harboring of mosquitoes or other insects of like kind and/ or rodents or reptiles, it shall be unlawful for any person owning, residing or having charge or control of any premises or vacant lot within the city to allow weeds, grass or kudzu to grow to a height in excess of twelve (12) inches or to plant or allow bamboo within fifty (50) feet of any residential property line, right-of-way of public utility easement or to allow any other vegetation, including, but not limited to vines, or underbrush to become overgrown or to allow downed trees and /or limbs to remain to such an extent that the same may create favorable conditions to the harboring of mosquitoes or  other insects of like kind and/ or rodents or reptiles otherwise constitutes a public nuisance or a danger to the public  health, safety and welfare.

Section Three - Removal of litter and accumulation of trash required.

  It shall be unlawful  for any person owning, residing on or having charge or control  of any  premises or vacant lot within the city to allow any litter or accumulation of trash or rubbish, including but not limited to storm debris, tree limbs, dead trees, construction materials, glass, bottle, tin cans, brush, combustible material, tires, automobile parts, lawnmowers, appliances, machinery, tools electronics, or any similar items (except for collection  purposes on regulary scheduled collection days in a manner authorized) on said premises or vacant lot.

Section Four- Household appliances and household furniture prohibited outside any dwelling.

(a) It shall be unlawful for any person residing in or having charge or control of any dwelling within the City of Eutaw to leave or permit to remain outside of any such dwelling any household appliances or household furniture in such a manner that the same are exposed to the elements.

(b) Provided, however, [that] exposed shall not include the interior of any fully enclosed porch (including, without limitation, a porch enclosed by screening material) that cannot be accessed from outside except through a closed door that can be locked, and shall not be considered outside for the purpose of this section.

(c) The following shall constitute specified defenses to any alleged violation of the provision.

 (1) That such furniture was placed in an outside location in order to allow it to be moved during a move of a resident or residents or removed as part of a trash or recycling program on a day scheduled for such moving or removal.

(2) That such furniture was temporarily placed in an outside location in order that it be offered for sale at a yard or garage sale if each of the following conditions exists:

1. The furniture is located in an outside location only during the hours of  8:00 a.m. and 6:00 p.m.
2. The person attempting to sell the furniture, or that person’s agent, is outside during the period of the yard or garage sale in order to monitor the sale.
3. A sign is placed on or near the furniture indicating that it is for sale.
4. This defense shall not apply if upholstered furniture is located in an outside location for more than two days in any six-month period.

Section Five – Dismantled, wrecked, discarded vehicles or premises.

(a) It shall be unlawful for any person in charge or control of any real property within the city, whether tenant, owner, occupant, lessee or otherwise, to allow any vehicle which is partially dismantled, nonoperative, wrecked, junked or discarded to be on said premises. A vehicle will be considered nonoperative for the purposes of this section if it cannot be safely operated or if it is incapable of being moved under its own power or if it may not be legally operated due to lack of any legal requirement, including a current license tag. 

(b) In lieu of the above procedure, the city may utilize the provisions of the state abandoned vehicle law.

(c) This section shall not apply to any vehicle in a permanently enclosed building or shelter, or to any vehicle on the premises of a licensed business, when the keeping of such vehicle is lawful and necessary to the operation of such licensed business, nor shall this section apply to storage place or depository lawfully maintained by duly constituted law enforcement  officers in the city.

 Section Six – Unsafe/Dilapidate Structures  

It shall be unlawful for the owner, occupant, or person  in charge or control of a property, within the City of Eutaw, Alabama to allow the existence of any abandoned, unoccupied dilapidated structure that is dangerous to the public and that could work, hurt, inconvenience, or damage to another.

Section Seven – Enforcement procedures

(a) Litter enforcement officers. The following are hereby designated at as litter control officers:

 (1)  All police officers of the city.

(2) The city Building Inspector.

(3) Any employee of the city as the mayor may direct

(b) Procedure and Penalties:

(1) No notice shall be required to constitute a violation of this Article

(2) When any employee of the city designated as a litter control officer, as herein above defined, observes any violation of the provisions chapter, such employee may go before a city magistrate and request a summons or warrant to be issued pursuant to Rule 3.1 of the Alabama Rules of Criminal Procedure. 

(3) The Uniform Non-Traffic Citation and Complaint (UNTCC) shall serve as the charging instrument. The UNTCC shall be issued  in accordance with Rule 20 of the Alabama Rules of Judicial Administration. 

(4) Any individual, firm, partnership of corporation that violates any provisions of this article shall be punished by a fine of not less than one hundred ($100.00) or more than five hundred dollars ($500.00) or imprisoned for  no more than ninety (90) days or both in the discretion of the court.

Corey Cockrell, Mayor

Attest Ke’Undra Cox Clerk, Clerk