Birmingham Code section 11-8-8(c) makes it unlawful to let weeds, shrubs, grass or other vegetable growth on an uncultivated lot exceed ten inches, and Alabama Code section 11-67-60 lets any municipality declare overgrown grass or weeds a public nuisance and abate it. The city's Environmental Code Enforcement Division enforces both through Birmingham's Environmental Court.
Birmingham's local weed prohibition is codified at Title 11, Chapter 8 (Nuisances), section 11-8-8, titled 'Premises to be kept free of garbage, weeds, inoperable motor vehicles, tires.' Section 11-8-8(c) bars uncultivated lots from carrying 'injurious, noxious or unsightly weeds, shrubs and other vegetable or grass growth higher than ten inches,' and the section defines a 'weed' to include 'an economically useless plant; a plant of unsightly appearance; a tree or shrub of low economic value that tends to grow freely; a form of vegetable life of exuberant growth and injurious effect.' The state-law foundation is Code of Ala. 1975, section 11-67-60 (Article 4, Abatement of Weeds in Any Municipality), letting the municipal governing body declare overgrown grass or weeds a public nuisance and abate it. The City's Code Enforcement Resource Guide confirms that 'Environmental Code Enforcement is responsible for ... overgrown vegetation of grass and weeds in the front and rear yard of residential/dwelling and commercial properties' and directs owners to keep their property 'clear of weeds, trash and debris' from the centerline of the street to the middle of the alley. After a 311 complaint and inspection, uncorrected lots are declared a nuisance, abated by a third-party contractor, and the cost assessed against the property under Code of Ala. 1975, sections 11-47-140 and 45-37A-53.
Under Birmingham Code section 11-8-8(e), minimum fines are $100 (first offense), $250 (second offense), and $500 (third offense within 12 months) plus court costs, with each day a separate offense; uncut lots are abated by contractor and the cost assessed as a lien against the property. Charged owners are summoned to Environmental Court, held Wednesdays at 9 a.m. in Birmingham Municipal Court.
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