ORDINANCE NO. 023-24
AN ORDINANCE PROVIDING FOR THE ADOPTION OF CERTAIN
STANDARD TECHNICAL CODES RELATING TO RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL CONSTRUCTION; ADOPTING ELECTRICAL PERMIT AND INSPECTION FEES; AMENDING CHAPTERS 5 AND 9 OF THE
CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED by the City Council City of Opelika as follows:
Section 1. Technical codes adopted by reference.
Pursuant to Code of Alabama, §11-45-8(c), the following standard technical codes which have been printed in book or pamphlet form, copies of which are on file in the offices of the Building Official and the City Clerk, are hereby adopted by reference and the provisions thereof shall be controlling in the construction, alteration or repair of all buildings and other structures within the corporate limits of the City of Opelika:
(a) International Building Code, 2021 edition, with the additions, insertions and changes, if any, prescribed in Section 5-17(a) of the Code of Ordinances of the City of Opelika.
(b) International Residential Building Code, 2021 edition, with the additions, insertions and changes, if any, prescribed in Section 5-17(b) of the Code of Ordinances of the City of Opelika.
(c) National Electrical Code, NFPA70, 2020 edition, with the additions, insertions and changes, if any, prescribed in Section 5-66 of the Code of Ordinances of the City of Opelika.
(d) International Fuel Gas Code, 2021 edition, with the additions, insertions and changes, if any, prescribed in Section 5-122 of the Code of Ordinances of the City of Opelika.
(e) International Mechanical Code, 2024 edition, with the additions, insertions and changes, if any, prescribed in Section 5-136.1 of the Code of Ordinances of the City of Opelika.
(f) International Plumbing Code, 2021 edition, with the additions, insertions and changes, if any, prescribed in Section 5-162 of the Code of Ordinances of the City of Opelika.
(g) International Property Maintenance Code, 2021 edition, with the additions, insertions and changes, if any, prescribed in Section 5-207 of the Code of Ordinances of the City of Opelika.
(h) International Fire Code, 2021 edition, with the additions, insertions and changes, if any, prescribed in Section 9-31.1 of the Code of Ordinances of the City of Opelika.
(i) Life Safety Code, NFPA101, 2021 edition, with the additions, insertions and changes, if any, prescribed in Section 9-17 of the Code of Ordinances of the City of Opelika.
Section 2. That Section 5-16 of the Code of Ordinances of City of Opelika is hereby amended to read as follows:
Sec. 5-16. Adopted: Responsibility For Enforcement:
(a) Pursuant to the authority granted to the cities and towns of Alabama by Section 11-45-8 of the Code of Alabama, 1975, as amended, there is hereby adopted by the City of Opelika, for the purpose of prescribing regulations governing the design, construction, alterations, repair, use, occupancy, maintenance, removal and demolition of all buildings and structures all of that certain Code printed in booklet form known as “International Building Code” including all appendices published by the International Code Council, Inc., being particularly the 2021 Edition save and except such portions as are hereinafter deleted, modified or amended, of which Code not less than three (3) copies have been and are now filed in the offices of the Building Inspector and Fire Inspector of the City of Opelika and the same are hereby adopted and incorporated as fully as if set out at length herein and form the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Opelika, Alabama.
(b) Pursuant to the authority granted to the cities and towns of Alabama by Section 11-45-8 of the Code of Alabama,1975, as amended, there is hereby adopted by the City of Opelika for the purpose of prescribing regulations governing the design, construction, alterations, repair, use, occupancy, maintenance, removal and demolition of one and two-family dwellings all of that certain Code printed in booklet form known as the “’International Residential Code” including all appendices published by the International Code Council Inc., being particularly the 2021 Edition save and except such portions as are hereinafter deleted, modified or amended, of which Code not less than three (3) copies have been and are now filed in the offices of the Building Inspector and Fire Inspector of the City of Opelika and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Opelika, Alabama.
(c) The Building Official of the City of Opelika and his/her representatives shall be responsible for the enforcement of the provisions of the Codes hereby adopted.
Section 3. That Section 5-17 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 5-17. Modifications and Amendments to Building Code:
(a) The International Building Code hereby adopted shall be modified and amended as follows:
(1) The words “City of Opelika” shall be inserted in the blank space in Section 101.1.
(2) Any reference within this code using the term “International Energy Efficiency Code” is replaced with “applicable sections of the Alabama Commercial or Residential Energy Code”.
(3) Sections 103, Section 104.10.1, and Section 1612 of the 2021 International Building Code shall be deleted.
(b) The International Residential Code hereby adopted shall be modified and amended as follows:
(1) The words “City of Opelika” shall be inserted in the blank space in Section R101.1
(2) The following sections shall be deleted from the International Residential Code: R103, R112, and R301.2.4.
(3) Section P2603.5.1 shall be amended to read as follows:
P2603.5.1 – SEWER DEPTH. Building sewers that connect to private sewage disposal system shall not be less than twelve inches (12”) below finished grade at the point of septic tank connection. Building sewers shall be not less than twelve inches (12”) below grade.
(4) Section R506.2.3 shall be amended to read as follows:
R506.2.3 Vapor retarder. A minimum 6-mil vapor retarder conforming to ASTM E1745 Class A requirements with joints lapped not less than 6 inches shall be placed between the concrete slab and base course or the prepared subgrade where a base course does not exist.
(5) Any reference within this code using the term “International Energy Efficiency Code” is replaced with “applicable sections of the Alabama Commercial or Residential Energy Code” with amendments.
(6) The 2021 International Residential Code with the Alabama Building and Energy Code amendments shall be adopted
(7) Table N1103.6.2 of the 2021 International Residential Code shall be adopted.
(8) Section M1505.4.1 shall be amended to read as follows:
M1505.4.1 System Design
The whole-house ventilation system shall consist of one or more supply or exhaust fans, or a combination of supply and exhaust fans, and associated ducts and controls. Local exhaust or supply fans are permitted to serve as such a system. Outdoor air ducts connected to the return side of an air handler shall be considered as providing supply ventilation.
(9) That Section M1505.5 be added to read as follows:
M1505.5 Measure
Exhaust and mechanical ventilation rates shall be measured. Measured airflows to be permanently posted with the Energy Code Compliance Certificate (required AL Energy Code 2015 R303.3) or the manufacturer’s operating and service instructions (required M1307.1 and AL Energy Code 2015 R303.3).
Section 4. That Chapter 5 of the Code of Ordinances of the City of Opelika is hereby amended by adding a section to be numbered 5-20, which said section shall read as follows:
Sec. 5-20. – Liability
(a) The provisions of this chapter shall not be construed to relieve or to lessen the responsibility of any person owning, operating, installing or repairing any part of any building, system, or equipment for any injury to any person or property; nor shall the chapter be construed to impose on the city any liability whatever by reason of the examinations herein provided for or by reason of any certificate or license issued hereunder.
(b)This chapter shall not be construed as imposing upon the city any liability or responsibility for damages to any person injured by any defect in any building or system, or equipment mentioned herein, or by installation thereof; nor shall the city or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection authorized hereunder or the certificate of occupancy issued by the building office.
Section 5. That Section 5-57 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
.Sec. 5-57 Electrical Permit Fees:
Before any permit is issued for the wiring of any building for electric lights, heat or power, or any electric installation, or before any permit is issued for the alteration in wiring of any building for the said purpose, the following fees shall be paid to the building inspection office by the person making application for said permit:
Issuance fee $15.00
In addition to issuance fee:
Electrical Services $0.30 per ampere
Sub feed panels $0.30 per ampere
Transformers $150.00 per transformer
Generators $0.30 per ampere
Automatic transfer switches $0.36 per ampere
Motors $10.00 per motor
Parking lot lights $20.00 per pole
Lightning Protection Systems $100.00 per system
Swimming pools $100.00 per pool
Photovoltaic systems $25 per PVKW
Battery charging systems $1.00 per ampere
Electric range, dryer, dishwasher, disposal $ 5.00 per appliance
appliances including all Commercial appliances.
Fire alarm systems $100.00 per system
Re-inspection fees $25.00 for second re-inspection & $100.00 for all additional inspections
Section 6. That Section 5-66 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 5-66. National Electrical Code:
(a) Pursuant to the authority granted to the cities and towns of Alabama by Section 11-45-8 of the Code of Alabama, 1975, as amended, there is hereby adopted by the City of Opelika, for the purpose of prescribing regulations governing the installation of electrical wiring and construction and/or installation of electrical appliances all of that certain Code printed in booklet form known as “The National Electrical Code” NFPA 70 recommended by the National Fire Protection Association, being particularly the 2020 Edition, save and except such portions as are hereinafter deleted, modified or amended, of which Code not less than three (3) copies have been and are now filed in the offices of the Building Inspector and Fire Inspector of the City of Opelika and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Opelika, Alabama.
(b) The National Electric Code is modified and amended as follows:
Grounding of new structures shall comply with Article 250.52(c) of the National Electric Code.
(1)The connection shall be located in an accessible location.
(2)The grounding point shall be within 25 feet of the main disconnecting means.
(c) Conflicts. Should any provisions of the National Electrical Code conflict with any of the provisions of any other ordinance of the City, the more restrictive provision shall prevail.
(d) Responsibility for Enforcement. The Building Official of the City of Opelika and his/her representatives shall be responsible for the enforcement of the provisions of the Code hereby adopted.
(e) Violations. Any person who shall violate any of the provisions of the Code hereby adopted or fail to comply therewith or who shall violate or fail to comply with any order made thereunder, shall severally for each and every violation and noncompliance respectively, be guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for not more than one hundred eighty (180) days or by both such fines and imprisonment. The imposition of one penalty for the violation shall not excuse the violation or permit it to continue. The application of the penalty shall not be held to prevent enforced removal of prohibited conditions.
Section 7. That Section 5-119 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 5-119. Adopted: Responsibility For Enforcement:
(a) Pursuant to the authority granted to the cities and towns of Alabama by Section 11-45-8 of the Code of Alabama, 1975, as amended, there is hereby adopted by the City of Opelika, for the purpose of prescribing regulations for the safe installation of gas piping and gas appliances all of that certain code printed in booklet form known as the International Fuel Gas Code published by the International Code Council, Inc., being particularly the 2021 Edition save and except such portions as are hereinafter deleted, modified or amended, of which Code not less than three (3) copies have been and are now filed in the offices of the Building Inspector and Fire Inspector of the City or Opelika and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Opelika, Alabama.
(b) The Building Official of the City and his/her representatives shall be responsible for the enforcement of the provisions of the Code hereby adopted.
Section 8. That Section 5-122 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 5-122. Modifications and Amendments to the Code:
The 2021 International Fuel Gas Code hereby adopted shall be modified and amended as follows:
(1) The words “City of Opelika” shall be inserted in the blank space in Section 101.1.
(2) The following sections shall be deleted from the ICC Fuel Gas Code: 106.1.1, 106.1.2, 115.4, and 109.
(3) Section 503.4 shall be amended to read as follows:
503.4 Type of venting system to be used. The type of venting system to be used shall be in accordance with Table 503.4. PVC shall not be used. All plastic pipe venting materials shall be in accordance with UL 1738.
Section 9. That Section 5-136 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 5-136. Adopted: Responsibility For Enforcement:
(a) Pursuant to the authority granted to the cities and towns of Alabama by Section 11-45-8 of the Code of Alabama, 1975, as amended, there is hereby adopted by the City of Opelika. for the purpose of prescribing regulations governing mechanical installations all of that certain Code printed in booklet form known as “International Mechanical Code” including all appendices published by the International Code Council, being particularly the 2021 Edition save and except such portions as are hereinafter deleted, modified or amended, of which Code not less than three (3) copies have been and now are filed in the offices of the Building Inspector and Fire Inspector of the City of Opelika and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Opelika, Alabama.
(b) The Building Official of the City of Opelika and his/her representatives shall be responsible for the enforcement of the provisions of the Code hereby adopted.
Section 10. That Section 5-136.1 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 5-136.1. Modifications and Amendments to Mechanical Code:
The 2021 International Mechanical Code hereby adopted shall be modified and amended as follows:
(1) The words “City of Opelika” shall be inserted in the blank space in Section 101.1
(2) The following sections shall be deleted from the International Mechanical Code: 103,106.1.1, and 106.1.2.
Section 11. That Section 5-161 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 5-161. Adopted: Responsibility For Enforcement:
(a) Pursuant to the authority granted to the cities and towns of Alabama by Section 11-45-8 of the Code of Alabama, 1975, as amended, there is hereby adopted by the City of Opelika, for the purpose of prescribing regulations governing plumbing installations all of that certain Code printed in booklet form known as ‘’’International Plumbing Code” including all appendices published by the International Code Council, being particularly the 2021 Edition save and except such portions as are hereinafter deleted, modified or amended, of which Code not less than three (3) copies have been and now are filed in the offices of the Building Inspector and Fire Inspector of the City of Opelika and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Opelika, Alabama.
(b) The Building Official of the City and his/her representatives shall be responsible for the enforcement of the provisions of the Code hereby adopted.
Section 12. That Section 5-162 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 5-162. – Amendments
The 2021 International Plumbing Code hereby adopted shall be modified and amended as follows:
(1)The words “City of Opelika” shall be inserted in the blank space in Section 101.1.
(2)The following sections shall be deleted from the International Plumbing Code: 106.6.2, 106.6.3, 108.4 and 108.5.
(3)Section 305.6.1 shall be amended to read as follows:
Sec. 305.6.1. Sewer Depth. Building sewers that connect to private sewage disposal systems shall be installed not less than a minimum of twelve inches (12”) below finish grade at the point of septic tank connection. Building sewers shall be installed not less than twelve inches (12”) below grade.
(4)Section 903.1.1 shall be amended to read as follows:
Sec. 903.1.1 Roof Extensions Unprotected.
Open vent pipes that extend through a roof shall be terminated not less than six inches (6”) above the roof.
(5)Section 903.1.2 shall be amended to read as follows:
Sec. 903.1.2 Roof used for recreational or assembly purposes.
Where a roof is to be used as a promenade, restaurant, bar, or sunbathing deck, as an observation deck, or similar purposes, open vent pipes shall terminate not less than 7 feet (2134 mm) above the roof.
Section 13. That Section 5-207 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 5-207. Adopted for the maintenance of property: responsibility for enforcement.
(a)Pursuant to the authority granted to the cities and towns of Alabama by section 11-45-8 of the Code of Alabama, 1975, as amended, there is hereby adopted by the city, for the purpose of prescribing regulations governing the conditions and maintenance of all property, buildings and structures all of that certain code on printed in pamphlet form known as “International Property Maintenance Code,” being particularly the 2021 Edition save and except such portions as are hereinafter deleted, modified or amended, of which code not less than three (3) copies have been and now are filed in the offices of the building inspector and fire inspector of the city and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this section shall take effect, the provisions thereof shall be controlling within the corporate limits of the city.
(b)The chief building inspector of the city and his representatives shall be responsible for the enforcement of the provisions of the code hereby adopted.
Section 14. That Section 5-208 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 5-208. Modifications and amendments to property maintenance code.
The property maintenance code hereby adopted shall be revised, modified and amended as follows:
Section 101.1. Title. These regulations shall be known as the International Property Maintenance Code of the City of Opelika hereinafter referred to as “this Code.”
Section 103.5. This section is deleted.
Section 112.4. This section is deleted.
Section 302.4. This section is deleted.
Section 304.14. This section is deleted.
Section 602.3 shall be amended to read as follows:
Section 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from the first of November to the end of April to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
(1)When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
(2)In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.
Section 602.4 shall be amended to read as follows:
Section 602.4. Occupiable workspaces. Indoor Occupiable workspaces shall be supplied with heat during the period from the first of November to the end of April to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
Exceptions:
(1)Processing, storage and operation areas that require cooling or special temperature conditions.
(2)Areas in which persons are primarily engaged in vigorous physical activities.
Section 15. That Chapter 5 of the Code of Ordinances of the City of Opelika is hereby amended by adding a section to be numbered 5-210, which said section shall read as follows:
Sec. 5-210. Violations.
Any person who shall violate any of the provisions of the International Property Maintenance Code hereby adopted or fail to comply with any order made thereunder, shall severally for each and every violation and noncompliance respectively, be guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. The imposition of one penalty for violation shall not excuse the violation or permit it to continue. The application of the penalty shall not be held to prevent enforced removal of prohibited
Section 16. That Section 9-31 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 9-31. International Fire Code.
(a)Adopted. Pursuant to the authority granted to the cities and towns of Alabama by Section 11-45-8 of the Code of Alabama, 1975, as amended, there is hereby adopted by the city, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire hazards or explosions all of that certain code printed in pamphlet form known as the International Fire Code recommended by the International Code Council, Inc., being particularly the 2021 edition, of which code not less than three (3) copies have been and now are filed in the offices of the building inspector and fire inspector of the city and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this section shall take effect, the provisions thereof shall be controlling within the corporate limits of the city.
(b)Conflict. Should any of the provisions of the International Fire Code or the NFPA1 Fire Prevention Code conflict with any of the provisions of any other ordinance of the city, the more restrictive provision shall prevail.
(c)Responsibility for enforcement. The fire chief of the city and his representatives shall be responsible for the enforcement of the provisions of the codes hereby adopted.
Section 17. That Section 9-31.1 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 9-31.1. Modifications and amendments to International Fire Code.
The International Fire Code hereby adopted shall be revised, modified and amended as follows:
Appendixes A, J, K, L and M are hereby deleted.
Section 18. That Section 9-33 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 9-33. Life Safety Code.
(a)Adopted. Pursuant to the authority granted to the cities and towns of Alabama by Section 11-45-8 of the Code of Alabama, 1975 as amended, there is hereby adopted by the city for the purpose of prescribing regulations to provide public safety from fire all of that certain code printed in pamphlet form known as The Life Safety Code, NFPA101, recommended by the National Fire Protection Association, being particularly the 2021 edition, of which code not less than three (3) copies have been and now are filed in the office of the building and fire inspector of the city and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provision thereof shall be controlling within the corporate limits of the city.
(b)Exception. Section 24.3.5 is hereby deleted.
(c)Responsibility for enforcement. The fire chief and the building official of the city and their representatives shall be responsible for the enforcement of the provisions of the code hereby adopted.
Section 19. Repealer Clause. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are repealed.
Section 20. Severability. If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said decision shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.
Section 21. Construction. If any section, paragraph or sentence or word of this Ordinance or the section hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance and the section hereby adopted independent of the elimination therefrom of such portion that may be declared invalid.
Section 22. Effective Date. This Ordinance and the codes hereby adopted shall take effect and be enforced immediately upon its adoption and publication as required by law.
Section 23. Publication. The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 17th day of September, 2024./s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR on this the 18th day of September, 2024.
/s/Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 18th day of September, 2024.
/s/Gary Fuller
MAYOR
ATTEST:
/s/Russell A. Jones, MMC CITY CLERK
Legal Run 09/26/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THER MATTER OF THE ESTATE OF PATRICK LAMAR YARBROUGH, DECEASED
CASE NO.: 2024-511
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of Patrick Lamar Yarbrough, deceased having been granted to TABATHA YANCEY YARBROUGH, on September 3rd, 2024, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Tabatha Yancey Yarbrough
Legal Run 09/12/24, 09/19/24 & 09/26/24
IN THE PROBATE COURT OF LEE COUNTY
STATE OF ALABAMA
IN THE MATTER OF THE ESTATE OF DOROTHY IDA BISHOP HOWARD a/k/a DOROTHY B. HOWARD, DECEASED
further and also known as DOROTHY IDA BISHOP HOWARD a/k/a DOROTHY B. HOWARD
LETTERS TESTAMENT ARY for the estate of said deceased having been granted to the undersigned Personal Representative PATRICIA JANE BISHOP, on July 31st, 2024by the Honorable BILL ENGLISH, Judge of the Probate Court of Lee County, Alabama notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.
/s/ PATRICIA JANE BISHOP
Legal Run 09/12/24, 09/19/24 & 09/26/24
STATE OF ALABAMA
LEE COUNTY PROBATE COURT
CASE NO. 2024-504
ESTATE OF THOMAS PHILLIP STORY, DECEASED
NOTICE OF APPOINTMENT OF ADMINISTRATOR
Letters of Administration of the Estate of Thomas Phillip Story, deceased having been granted to Daria Doster Story this 5th day of September 2024, by the Honorable Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by the law or the same will be barred.
Daria Doster Story, Personal Representative
Jeffery A. Hilyer
Attorney at Law
P.O. Box 30
Opelika, AL 36803-0030
334-745-2564
Legal Run 09/12/24, 09/19/24 & 09/26/24
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: The Estate of EDWARD J. LOFTUS, JR., Deceased
CASE NO.: 2024-519
NOTICE TO CREDITORS
TAKE NOTICE that Letters Testamentary having been granted to SUSAN JOHNSTON, as Personal Representative of the Estate of EDWARD J. LOFTUS, JR., deceased on the 12th day of September, 2024, by Bill English, Lee County Probate Judge.
NOTICE IS HEREBY GIVEN that all persons having claims against said Estate are hereby required to present the same within the time allowed by law or the same will be barred.
SUSAN JOHNSTON
Personal Representative of the Estate of EDWARD J. LOFTUS, JR.
Legal Run 09/19/24, 09/26/24 & 10/03/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF PEGGY BAGGETT, DECEASED
ESTATE NO.: 2024-431
NOTICE TO FILE CLAIMS
Letters of Administration on the Estate of Peggy Baggett, deceased having been granted to Donald Bledsoe on the 15th day of August, 2024, by the Honorable Bill English, Judge of Probate of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law, or the same will be barred.
BILL ENGLISH
Legal Run 09/19/24, 09/26/24 & 10/03/24
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF CLASSIE MAE HUNTLY, DECEASED
ESTATE NO.: 2024-525
NOTICE TO CREDITORS
Letters of Administration of said deceased having been granted to BENJAMIN H. PARR, Personal Representative on the 12th day of September 2024, by the Honorable Bill English, Judge of Probate of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law, or the same will be barred.
BENJAMIN H. PARR
Legal Run 09/19/24, 09/26/24 & 10/03/24
STATE OF ALABAMA
LEE COUNTY PROBATE COURT
CASE NO. 2024-505
ESTATE OF THOMAS C. HUGHES, DECEASED
NOTICE OF APPOINTMENT OF PERSONAL REPRESENTATIVE
Letters Testamentary of said Thomas C. Hughes, deceased, having been granted to Tommy D. Hughes this 11th day of September 2024, by the Honorable Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by the law or the same will be barred.
Tommy D. Hughes, Personal Representative
Jeffery A. Hilyer
Attorney at Law
334-745-2564
P.O. Box 30
Opelika, Alabama 36803-0030.
Legal Run 09/19/24, 09/26/24 & 10/03/24
STATE OF ALABAMA
LEE COUNTY PROBATE COURT
ESTATE OF SAM ROBERT HULING, JR., DECEASED
NOTICE OF APPOINTMENT OF PERSONAL REPRESENTATIVE
Letters Testamentary of said Sam Robert Huling, Jr., deceased, having been granted to Sam Robert Huling, III this 11th day of September 2024, by the Honorable Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by the law or the same will be barred.
Sam Robert Huling, III, Personal Representative
Jeffery A. Hilyer
Attorney at Law
334-745-2564
P.O. Box 30
Opelika, Alabama 36803-0030
Legal Run 09/19/24, 09/26/24, & 10/03/24
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE:THE ESTATE OF CARL ALLEN HAND, DECEASED.
CASE NO. 2022-4
TAKE NOTICE that Letters Testamentary having been granted to Lynn Hand Story, as Executrix of the Estate of Carl Allen Hand, deceased, on the 24th day of January, 2022, by the Honorable Bill English.
NOTICE IS HEREBY GIVEN that all persons having claims against the Estate are hereby required to present the same within the time allowed by law or the same be barred.
Lynn Hand Story, Executrix Of the Estate of Carl Allen Hand, Deceased
Marrell J. McNeal, Attorney at Law, PC
PO Box 308
Opelika, AL 36803
334-745-7033
Legal Run 09/19/24, 09/26/24 & 10/03/24
ORDINANCE NO. 024-24
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
(HIDDEN LAKES NORTH-LOWE PROPERTY PUD)
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. FINDINGS. The Council has determined and hereby finds and declares that the following facts are true and correct:
(a)Carole Lowe Raymer (“Raymer”) is the owner of record of that certain property consisting of 68.4 acres located on the north side of Sportsplex Parkway.
(b)Raymer, by and through her authorized representative, Barrett-Simpson, Inc., heretofore submitted to the City a development plan for a planned unit development (“PUD”) consisting of approximately 68.4 acres, designated as “Hidden Lakes North-Lowe Property Planned Unit Development”.
(c)The proposed development is a residential development consisting of approximately 132 single-family home lots. The development plan shows planned open space areas, amenity areas, and on-site detention. The development plan shows two (2) entry points into the development from Sportsplex Parkway and one entry point from Andrews Road. The development plan also shows cross-access to the adjoining Hidden Lakes North development. The proposed density is less than 2 units per acre.
(d) On July 23, 2024, the Planning Commission heretofore conducted a public hearing of the proposed development and referred to the City Council its recommendation to approve the proposed development.
(e)It is advisable and in the interest of the City and the public interest that the proposed property described in Section 3 below should be developed as a residential planned unit development.
Section 2. APPROVAL OF THE DEVELOPMENT PLAN. The Development Plan as submitted for review is hereby approved and affirmed as required by Section 8.18(N) of the Zoning Ordinance of the City.
Section 3. DESIGNATION OF A PLANNED UNIT DEVELOPMENT. The official Zoning Map is hereby amended and the zoning classification for the following parcel of land shall be changed from a R-1 District (Low-Density Residential District) to a Planned Unit Development (PUD) on the official zoning map of the City.
A tract or parcel of land containing 68 acres more or less being all that part of the the N1/2 of the SW1/4 of Section 33, Township 20 North, Range 27 East, Lee County, Alabama lying east of Andrews Road and north of Sportsplex Parkway.
The above-described property, containing approximately 68.4 acres, is located on the north side of Sportsplex Parkway.
Section 4. RETENTION OF COPIES OF DEVELOPMENT PLAN. Copies of the Development Plan shall be maintained in the office of the City Clerk, City Planner, City Engineer and Building Official and shall be open for public inspection.
Section 5. REPEALER. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective upon its adoption, approval and publication as required by law.
Section 7. PUBLICATION. This Ordinance shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 17th day of September, 2024./s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR on this the 18th day of September, 2024.
/s/Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 18th day of September, 2024.
/s/Gary Fuller
MAYOR
ATTEST:
/s/Russell A. Jones, MMC CITY CLERK
Legal Run 09/26/2024
IN PROBATE COUNTY OF LEE COUNTY, STATE OF ALABAMA, IN RE: The Estate of
BRENDA GRANT JOHNSON, Deceased
Case Number: 2024-542
TAKE NOTICE that Letters Testamentary b,aving been granted to GEORGE H. JOHNSON, III and LESLIE J. HARRIS as Co-Executors of the Estate of BRENDA GRANT JOHNSON, deceased, on the 19th day of September, 2024, by the Honorable BILL ENGLISH.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.
Bradley R. Coppedge, Attorney for the Estate of Brenda Grant Johnson
Legal Run 09/26/24, 10/03/24 & 10/10/24
NOTICE TO CREDITORS
ESTATE OF MARY NAN MCCULLOUGH, Deceased
PROBATE COURT OF LEE COUNTY
CASE NO.: 2024-283
LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED of said deceased having been granted to the undersigned on the 19th day of September, 2024, by the Honorable Bill English, Probate Judge of Lee County, Alabama. Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Benjamin H. Parr, Administrator
Legal Run 09/26/24, 10/03/24 & 10/10/24
STORAGE TREASURES AUCTION
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
2020 S. College St. Auburn, AL 36832 Thursday, October 3, 2024 at 10:00AM
Unit A22
Unit B78
Unit C276
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.
Run Date 09/26/2024
NOTICE OF APPOINTMENT
ESTATE OF ELVEN RUDD, DECEASED
COURT OF PROBATE LEE COUNTY
Letters Testamentary of said deceased having been granted to the undersigned on the 19th day of September, 2024, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Witness our hands, and dated this the 19th day of September, 2024.
BARABAR A. BREWER
Legal Run 09/26/24, 10/03/24 & 10/10/24
NOTICE OF PUBLIC AUCTION
2007 Blue Toyota Camry for Auction October 11, 2024. Held at 9:00 am at 2021 S. College St. in Auburn, AL at 10:00 am
Legal Run 09/26/24, 10/03/24
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Notice of the filing of Petition for Summary Distribution
In the Estate of ANNIE PEARL PHILLIPS, Deceased,
Case No. 2024-556
Notice is hereby given that a Petition for Summary distribution has been filed in the Lee County Probate Office by MOSED PHILLIPS, JR., on September 24, 2024 pursuant to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing Summary Distribution of the estate of said decedent. BILL ENGLISH, PROBATE JUDGE
Legal Run 09/26/2024
STORAGE TREASURES AUCTION
Extra Space Storage (Life Storage) will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
3951 Pepperell Pkwy Opelika, Al Thursday, 10/3/2024 at 10:00AM
Unit B2
Unit C18
Unit C25
Unit C76
Unit D19
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.
Run Date 09/26/2024
ORDINANCE NO. 025-24
AN ORDINANCE APPROVING FIRST AMENDMENT TO GROUND LEASE BETWEEN THE CITY OF OPELIKA AND SBA TOWERS IV, LLC
WHEREAS, the City of Opelika, Alabama (the “City”) owns certain real property located south of West Ridge Park, adjacent to I-85; and
WHEREAS, pursuant to Ordinance No. 107-00, the City, as Lessor, and Hemphill Corporation, as Lessee, entered into a certain Ground Lease dated January 25, 2000, for use of a portion of the real property containing approximately 0.22 acres (the “Premises”), located at 1051 Douglas Street, Opelika, Alabama; and
WHEREAS, Hemphill Corporation constructed a communications antenna tower on the Premises; and
WHEREAS, as evidenced by that certain Memorandum of Assignment dated August 9, 2012, Hemphill Corporation assigned its rights and obligations under the Lease to SBA Towers IV, LLC (the “Company”); and
WHEREAS, the City and the Company desire and intend to amend and supplement the Lease to provide for five (5) additional successive renewal terms of five (5) years; and
WHEREAS, the Company has prepared and submitted to the City Council for approval a document entitled “First Amendment to Ground Lease” (the “First Amendment”), and the City Council has determined that it is now in the best interest of the City and its citizens to approve said First Amendment.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Opelika, Alabama (the “Council”) as the governing body of the City:
- That the proposed First Amendment to Ground Lease between the City and the Company, a copy of which is attached hereto and marked as Exhibit “A”, is hereby approved, authorized, ratified and confirmed in the form substantially submitted to the City Council with such changes thereto (by addition, deletion or substitution) as the Mayor shall approve, which approval shall be evidenced by execution and delivery of said First Amendment.
- That the Mayor is hereby authorized and directed to execute and deliver said First Amendment in the name and on behalf of the City.
- That the officers of the City and any person or persons designated and authorized by any officers of the City to act in the name and on behalf of the City, or any one or more of them, are authorized to do or cause to be done or performed in the name and on behalf of the City such other acts and to execute and deliver or cause to be executed and delivered in the name and on behalf of the City such other notices, certificates, assurances or other instruments or other communications under the seal of the City or otherwise, as they or any of them deem necessary or advisable or appropriate in order to carry into effect the intent of the provisions of this Ordinance and the First Amendment.
- That upon completion of the execution of the First Amendment by all parties, a copy of such agreement shall be kept on file by the City.
- That this ordinance shall become effective immediately upon its adoption and publication as required by law.
ADOPTED AND APPROVED this the 17th day of September, 2024./s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR on this the 18th day of September, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 18th day of September, 2024.
/s/ Gary Fuller
MAYOR
ATTEST:
/s/Russell A. Jones, MMC CITY CLERK
Legal Run 09/26/2024
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA IN RE: The Estate of OLEN TERRY YATES, Deceased
NOTICE TO CREDITORS
TAKE NOTICE that Letters of Administration have been granted to DONNA YATES as Administrator of the Estate of OLEN TERRY YATES, deceased, on the 30th day of July. 2024, by the Honorable Bill English.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.
Legal Run 09/26/24, 10/03/24 & 10/10/24
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN RE: The estate of Frank P. Lawler, Deceased.
Case No. 2024-480
TAKE NOTICE that Letters of Administration having been granted to Brenda Lawler as Administratrix of the Estate of Frank P. Lawler, deceased, on the 9th day of September, 2024.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same be barred.
Brenda Lawler, as Administratrix of the Estate of Frank P. Lawler, Deceased
Marrell J. McNeal, Attorney at Law, PC
PO Box 308
Opelika, AL 36803
334-745-7033
Legal Run 09/26/24, 10/03/24 & 10/10/24
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN RE:The estate of Eric Montgomery Ford, Deceased.
Case No.: 2024-225
TAKE NOTICE that Letters of Administration having been granted to Jody Lynn Boda Ford as Administratrix of the Estate of Eric Montgomery Ford, deceased, on the 12th day of September, 2024.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same be barred.
Jody Lynn Boda Ford, Administratrix of the Estate of Eric Montgomery Ford, Deceased
Marrell J. McNeal, Attorney at Law, PC
PO Box 308
Opelika, AL 36803
334-745-7033
Legal Run 09/26/24, 10/03/24, 10/10/24
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
1412 Opelika Rd Auburn, AL 36830 – Thursday, October 3rd, 2024 @ 10:00 AM
Unit # 248
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.
Run Date 09/26/2024
STORAGE TREASURES AUCTION
Extra Space Storage (Life Storage) will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
(1231 Gatewood Dr. Auburn Al ) Thursday, 10-3-2024 at 10:00AM
Unit 150
Unit 439
Unit 445
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.
Run Date 09/26/2024
NOTICE TO CREDITORS
ESTATE OF W.B. BANDY DECEASED
CASE NO. 2024-347
PROBATE COURT OF LEE COUNTY
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of W. B. BANDY, are hereby granted to John Douglas Bandy. on the 9th day of September, 2024, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time 14th allowed by law or the same will be barred.
John Douglas Bandy
Legal Run 09/26/24, 10/03/24 & 10/10/24
ADVERTISEMENT OF SALE Property described below will be sold per the The Self-Service Storage Facilities Act. Sale on Monday the 7th day of October, 2024 at 1:00 PM with bidding to take place on lockerfox.com. Payment and pickup at facility. Storage Rentals of America, 3806 Pepperell Pkwy, Opelika, AL, 36801-6024 ASKEW, BRENTONIA. Hooks, Qortez. martin, lauren. Daniels, Cindy. Scott, Shernetta.
Legal Run 09/26/2024
ADVERTISEMENT OF SALE Property described below will be sold per the The Self-Service Storage Facilities Act. Sale on Monday the 7th day of October, 2024 at 1:00 PM with bidding to take place on lockerfox.com. Payment and pickup at facility. Storage Rentals of America, 501 26th St, Opelika, AL, 36801 Jones, Henry. Lewis, Courtney. Williams, Calandra. Atkinson, Quadaryl. Dowdell Sullins, Montyannah. Brown, Hannah. Wright, Shalanda
Legal Run 09/26/2024
IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
Case No.: CV-2024- 900311
SALTWATER TOURS LLC, Plaintiff, v.
A tract or parcel of land designated as Lot 2, Atha McKnight Fowler Subdivision, according to and as shown on the map or plat record in Town Plat Book 13, at Page 15,
in the Office of the Judge of Probate of Lee County, Alabama. And ROSIE LEE WILSON, and/or the unknown heirs of Rosie Lee Wilson, And BENJAMIN WILSON, and/or the unknown
heirs of Benjamin Wilson, And
Fictitious Defendants A, B, C, D, E, F & G, Being Persons, Individuals, Firms, Associations, Partnerships, Corporations or other Entities, Whose names are otherwise unknown to the Plaintiff, but who claim interest in and to the above-captioned parcel of land, and whose correct names and legal identities will be added by Amendment when ascertained,
Defendants.
MOTION FOR SERVICE BY PUBLICATION
COMES NOW the Plaintiff, Saltwater Tours, LLC, by and through their undersigned counsel, and respectfully requests this Court enter an Order allowing the named Defendants
herein, to be served by publication and as grounds for such would show as follows:
- Plaintiff hereby requests that the Court allow it to serve a Notice of Publication, pursuant to the Code of Alabama, Sections 6-6-563 and 6-6-564.
- Certain Defendants named in Plaintiff’s Complaint and Counsel’s Affidavit, attached hereto as “EXHIBIT A”, are fictitious parties, being persons or entities claiming an
interest in the parcel of real property that is subject of this action, who can only be reasonably served by newspaper of general circulation in Lee County, Alabama. - As stated in the Complaint and attached Affidavit, certain of the named Defendants are believed to be deceased.
- Additionally, after diligent search and inquiry, the whereabouts of the heirs of the deceased named Defendants are unable to be ascertained.
- As stated in the Complaint and attached Affidavit, after diligent inquiry, Plaintiff has been unable to identify any persons or entities not named in the Complaint claiming interest in the subject property.
WHEREFORE, these premises considered, the Plaintiff respectfully requests that this Honorable Court enter an Order allowing the Plaintiff to serve by publication any unknown Defendants, in accordance to Rule 4.3 of the Alabama Rules of Civil Procedure.
Respectfully submitted this the 2nd day of July, 2024.
/s/ Jarret A. Layson
Jarret A. Layson (LAY-005)
Ingrum & Layson, LLC
830 Avenue A, Suite B
Opelika, AL 36801
334-745-3333
jarret@ilclawoffice.com
Legal Run 09/26/24, 10/03/24, 10/10/24 & 10/17/24
