Title
A Resolution Setting A Public Hearing Declaring Vacant Property To Be A Public Nuisance And Ordering Its Abatement at 22313 Miflin Road
Summary
The Environmental Department requests a resolution to set a public hearing declaring the vacant property at 22313 Miflin Road to be a public nuisance and ordering its abatement. This property had developed a berm on the northeast corner for future development. This berm has failed discharging sediment to a neighboring property. The Public Nuisance Ordinance states that "land that adversely impacts adjacent properties may be deemed as a public nuisance. The adjacent property has accumulated sediment causing the septic system to fail. A letter was sent to the owner on October 9. No action has been taken and no communication from the property owner has been received.
Body
WHEREAS, there have been complaints about the discharge of sediment and stormwater located at 22313 Miflin Road, Foley, Alabama, Tax Parcel ID#s 05-61-01-02-0-000-003.001, 05-61-01-02-0-000-004.000, and 05-61-01-02-0-000-003.000, and
WHEREAS, investigations by City forces have substantiated the failure of the berm and discharged sediment that can be a public nuisance as defined in the City Ordinance #1066-08, and
WHEREAS, the City Council of Foley will now give notice as prescribed by the Public Nuisance Ordinance #1066-08, of a Public Hearing to be held to determine if the area should be declared a public nuisance and give the property owners an opportunity to abate the nuisance.
NOW, THEREFORE BE IT RESOLVED by the Foley City Council in regular session on the 1st day of December 2025, as follows:
Section 1: Notice of public hearing on the matter shall be given by certified mail, return receipt requested to the property owners.
Section 2: Notice shall also be given in The Onlooker or The Baldwin Times once a week for two consecutive weeks. The first notice shall be published at least fourteen (14) days prior to the date scheduled for the public hearing in Section 1 of this resolution.
Section 3: Two signs shall be conspicuously posted on the properties described in this resolution. The wording of the signs shall be not less than one inch in height and shall be substantially in the form of the notice contained in Section 9-64.,B. of the Ordinance. The notice shall be posted at least seven days prior to the time for the public hearing to hear objections to declaring the property, as described in this resolution, a public nuisance.