IN THE MATTER OF THE ESTATE OF HENRY CARSON JACKSON, JR.
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NUMBER 2023-060
Letters Testamentary on the Estate of said decedent having been granted to the undersigned on the 10th day of February, 2023 by the Honorable Bill English, Judge of Probate of said county in said State, notice is hereby given that all persons having c]aims against said estate are required to present the same within the time allowed by law or the same will be barred.
Laurel Jackson Buckalew, Executor of the Estate of Henry Carson Jackson, Jr., Deceased
Name and Address of Attorney:
Catherine H. Richardson, Esq. Michael P. Dalton, Esq.
Capell & Howard, P.C.
Post Office Box 2069
Montgomery, Alabama 36102-2069
Legal Run 02/16/2023, 02/23/2023, 03/02/2023
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SUMMONS BY PUBLICATION SUMMONS BY PUBLICATION IN THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, STATE OF UTAH, FOURTH DISTRICT COURT 137 NORTH FREEDOM BOULEVARD, PROVO, UTAH 84601, CASE NUMBER 234400194 JUDGE BRADY, PETITION FOR DIVORCE: Garenton Flowers. THE STATE OF UTAH TO GARENTON FLOWERS: You are hereby informed that you have thirty (30) days to file a response in this proceeding if you wish to contest the Petition for Divorce. Failure to file a response within thirty (30) days of this notice will result in a judgment by default entering against you and the divorce being finalized without your involvement. Any response to this notice and the divorce proceeding must be filed with the Fourth Judicial District Court, Provo, Utah County, Utah at the address listed above, and a copy shall be mailed to Petitioner’s attorney, John S. Larsen, at 75 South 300 W., Provo, Utah 84601.
Legal Run 02/09/23, 02/16/23, 02/23/2023 & 03/02/23
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TO: OMAR BROOKS
A Petition for Step-Parent Adoption and to Terminate Parental Rights of the two minor twin children, O.P.M and A.M.M., born to Shadonna Marks having been filed by Dorian and Kimberly Brooks, hereby serves notice of the following:
Pursuant to O.C.G.A. §19-8-10(c)(1), When notice is given pursuant to subsection (b) of this Code section, it shall advise such living parent that shall not be a party to the adoption and shall have no obligation to file an answer, but shall have the right to appear in the pending adoption proceeding and show cause why such parent’s rights to the children who is the subject of the proceeding should not be terminated by that adoption.
Let all interested persons show cause before me, if any they can, by filing responsive pleadings within sixty (60) days of the last day of the publication for this notice with the Troup County Clerk of Superior Court, State of Georgia and to serve upon the Petitioner’s attorney, Lonnie J. Haralson, IV P.O. Box 3597, LaGrange, Georgia 30241 said responsive.
Legal Run 02/23/2023, 03/02/2023, 03/09/2023 & 03/16/2023
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IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA FAMILY COURT DIVISION: DOMESTIC RELATIONS
PATRICK D. SLATTERY, Maternal Grandfather, vs. GUY T. SMITH AND AMANDA Q. SMITH, Natural Parents
DR-2022-900274.00
NOTICE OF CUSTODY ACTION
AMANDA Q. SMITH, whose whereabouts are unknown, must answer PATRICK D. SLATTERY’S petition for custody and other relief by April 10, 2023, or, thereafter, a judgment by default may he rendered against her in Case No. DR-2022-900274.00, in the Circuit Court of Lee County, Alabama.
DONE This the 6th day of Feb. 2022.
MARY B. ROBERSON, CLERK OF THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
Jem1ifer M. Chambliss Samford & Denson, LLP
P. 0. Box 2345
Opelika, AL 36803-2345
Attorney for the Plaintiff
Legal Run 02/16/2023, 02/23/2023, 03/02/2023 & 03/09/2023
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TAKE NOTICE that JRBC Holdings, LLC (“JRBC”) has filed with the Lee County Commission a petition to vacate all of Lee Road 196. Said petition states that Lee Road 196 runs entirely through and ends within the property owned on all sides by JRBC. A public hearing on JRBC’s petition is set at the regularly scheduled meeting of the Lee County Commission at 5:00 P.M. on Monday, April 24, 2023, at the Lee County Courthouse, 215 South 9th Street, Opelika, Alabama. At the conclusion of the public hearing, the Commission may take final action on JRBC’s petition. Any citizen claiming to be affected by the proposed vacation may submit a written objection to the Lee County Commission or may request an opportunity to be heard at the public hearing.
Blake L. Oliver, Samford & Denson, LLP, P.O. Box 2345, Opelika, AL 36803-2345, 745-3504
Legal Run 02/23/2023, 03/02/2023, 03/09/2023 & 03/16/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE:THE ESTATE OF FANNIE H. JAMES, DECEASED.
Case No. 2023-040
TAKE NOTICE that Letters Testamentary having been granted to David T. Linthicum, as Executor of the Estate of Fannie H. James, deceased, on the 31st day of January, 2023, 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.
David T. Linthicum, Executrix Of the Estate of Fannie H. James, Deceased
Marrell J. McNeal, Attorney at Law, PC
PO Box 308
Opelika, AL 36803
334-745-7033
Legal Run 02/23/2023, 03/02/2023 & 03/09/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
In the Matter of Slade Jackson – an alleged incapacitated person
NOTICE OF HEARING:
TO: Any relative or interested party: Lee County OHR has filed a Petition to appoint a Legal Guardian for the person of Slade Jackson. A hearing has been set for the 30th day of March, 2023, at 1:00 p.m. central time, electronically via “ZOOM”. Please contact the Lee County Probate Court at 334-737- 3670 for access to the electronic hearing should you intend to take part in the hearing of this matter.
BILL ENGLISH – Lee County Probate Judge
Margaret A. Mayfield Attorney for Lee County DHR Post Office Box 809
Opelika, AL 36803
(334) 745-0333
Legal Run 02/23/2023, 03/02/2023, & 03/09/2023
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Opelika Self Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location and time indicated:
710 Columbus Pkwy, Opelika AL 36801 Friday, March 10, 2023 at 1:00PM CST
Jakacia Smith – Unit 1220
3300 Boromville Rd
Hurtsboro, AL 36860
Furniture, misc
Corene Miles – Units 1050 & 1053
1471 Lee Rd 112
Opelika, AL 36804
Furniture, boxes, misc
The auction will be listed and advertised on www.lockerfox.com. Purchases must be made with credit card only and paid at the above referenced facility in order to complete the transaction. Opelika Self Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.
Legal Run 03/02/2023
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IN THE CIRCUIT COURT OF
LEE COUNTY, ALABAMA
CV-2023-900059
METRO PROPERTIES, an Alabama General Partnership Plaintiff,
V.
A Parcel of Land Lying in Lee County, Alabama, to wit: Commencing at the northeast corner of Section 12, Township 19 North, Range 26 East, of Lee County, Alabama;
thence S00°28’00”E a distance of 477.40 feet more or less to a
point in the southerly right-of-way of Renfro Avenue; thence following said right-of-way S88°41’00”E a distance of 5.40 feet to
a found 5/8-inch rebar at the intersection of the southerly right-of-way of Renfro Avenue and the Westerly right-of-way of
North Long Street; thence along said westerly right-of-way the
following two (2) calls: (1) S01°08’43″W a distance of 425.14 feet
more or less, to a point; (2) S03°55’00″E a distance of 17.80 feet
more or less, to a point in the southerly right-of-way of Bud Court;
thence along said right-of-way the following two (2) calls: (1) S87°32’19″W a distance of 138.68 feet more or less, to a found
1-inch pinch pipe; (2) S88°47’47″W a distance of 60.00 feet more
or less, to the Point of Beginning: thence from said Point of Beginning S01°12’13″E a distance of 110.00 feet more or less, to a point; thence N88°47’35″E a distance of 60.00 feet more or less, to a found 1-inch pinch pipe; thence S87°29’21″E a distance of 28.93 feet more or less, to a found 1-inch pinch pipe; thence S00°24’54″E a distance of 7.79 feet more or less, to a point; thence S03°20’24″W a distance of 100.00 feet more or less, to a point; thence
N89°24’36″W a distance of 144.00 feet more or less, to a found 1/2-inch pipe; thence N01°42’52″W a distance of 214.85 feet more
or less, to a point; thence N88°47’47″E a distance of 65.00 feet
more or less, to the Point of Beginning, and containing therein
0.528 acres (23,004 Square feet).; an
Unknown persons who may claim an interest in said
property whose identities are unknown and who cannot by reasonable diligence be ascertained,
Defendants.
NOTICE OF ACTION
To: All Defendants herein, whose whereabouts are unknown and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 10th day of February 2023, a Bill to Quiet Title was filed in the Circuit Court of Lee County, Alabama, regarding the following described real property:
Commencing at the northeast corner of Section 12, Township 19 North, Range 26 East, of Lee County, Alabama; thence S00°28’00”E a distance of 477.40 feet more or less to a point in the southerly right-of-way of Renfro Avenue; thence following said right-of-way S88°41’00”E a distance of 5.40 feet to a found 5/8-inch rebar at the intersection of the southerly right-of-way of Renfro Avenue and the Westerly right-of-way of North Long Street; thence along said westerly right-of-way the following two (2) calls: (1) S01°08’43″W a distance of 425.14 feet more or less, to a point; (2) S03°55’00″E a distance of 17.80 feet more or less, to a point in the southerly right-of-way of Bud Court; thence along said right-of-way the following two (2) calls: (1) S87°32’19″W a distance of 138.68 feet more or less, to a found 1-inch pinch pipe; (2) S88°47’47″W a distance of 60.00 feet more or less, to the Point of Beginning,
thence from said Point of Beginning S01°12’13″E a distance of 110.00 feet more or less, to a point; thence N88°47’35″E a distance of 60.00 feet more or less, to a found 1-inch pinch pipe; thence S87°29’21″E a distance of 28.93 feet more or less, to a found 1-inch pinch pipe; thence S00°24’54″E a distance of 7.79 feet more or less, to a point; thence S03°20’24″W a distance of 100.00 feet more or less, to a point; thence N89°24’36″W a distance of 144.00 feet more or less, to a found 1/2-inch pipe; thence N01°42’52″W a distance of 214.85 feet more or less, to a point; thence N88°47’47″E a distance of 65.00 feet more or less, to the Point of Beginning, and containing therein 0.528 acres (23,004 Square feet).
All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.
Done this the 23rd day of February, 2023. Mary Roberson Circuit Court Clerk, Lee County
Benjamin H. Parr
830 Avenue A, Suite A
Opelika, Alabama 36801
Telephone Number: 334-749-6999
Fax: 334-203-1875
ben@benparrlaw.com
Legal Run 03/02/2023, 03/09/2023, 03/16/2023, & 03/23/2023
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NOTICE OF CIVIL ACTION
Joseph Michael Nagy, whose whereabouts are unknown, must answer AubumBank’s complaint for Breach of Contract, Unjust Enrichment, Open Account-Nate, Account Stated, and Money Lent by March 30, 2023, or, thereafter, a judgment by default may be rendered against him in case number 43-SM-2022-900013.00, Circuit Court of Lee County.
Done the 20th day of February, 2023.
Mary Roberson Circuit Court Clerk, Lee Count
Blake L. Oliver
SAMFORD & DENSON, LLP
P.O. Box 2345
Opelika, AL 36803-2345
Telephone (334) 745-3504
Facsimile (334) 745-3506 Email: olivcr@samfordlaw.com Attorney for AubumBank
Legal Run 03/02/2023, 03/09/2023, 03/16/2023, & 03/23/2023
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IN THE MATTER OF THE ESTATE OF FRANCES R. BARNEY, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No.: 2023-072
Letters of Administration of said deceased having been granted to the undersigned on the 21st day of February, 2023, by the Hon. 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.
RODNEY A. BARNEY, JR.
Administrator
Robert H. Pettey
SAMFORD & DENSON, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 03/02/23, 03/09/23 & 03/16/23
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NOTICE OF COMPLETION
LEGAL NOTICE
In Accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given that
BRAWCO, INC., Contractor, has completed the contract for Renovation of: AU Project Name: Greene Hall – Rm 130 (Mechanical), Concrete Beam Repairs, AU Project No.: 21-310
At Auburn University, Alabama
For the State of Alabama and the county, city of Auburn, Owner(s), and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify LBYD Engineers, 1100 South College Street, Suite 201, Auburn, AL 36832
BRAWCO, INC
4040 FARR ROAD
BESSEMER, AL 35022
NOTE; This notice must run once a week for four successive weeks for projects exceeding $50,000. For projects of $50,000 or less, run one time only. A copy of the publisher’s affidavit of publication (including a copy of the advertisement) shall be submitted by the Contractor to the Design Professional for inclusion with DCM Form B-13: Final Payment Checklist for state agencies, PSCA-funded and other bond-funded projects.
Legal Run 03/02/2023, 03/09/2023, 03/16/2023, & 03/23/2023
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ORDINANCE NO. 005-23
AN ORDINANCE TO AMEND CHAPTER 27 OF THE CODE OF ORDINANCES
OF THE CITY OF OPELIKA BY ADDING NEW ARTICLE II
ENTITLED “TREE OR PLANT PROTECTION AND MANAGEMENT”
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”), as follows:
Section 1. Amendment to Chapter 27 of the Code of Ordinances, adoption of new Article II. That Chapter 27 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended by adding thereto a new Article to be numbered II, which said article shall read as follows:
ARTICLE II
TREE OR PLANT PROTECTION AND MANAGEMENT
Sec. 27-20. General purposes.
This Article is intended:
(a) to improve the City’s image and aesthetic charm and beauty;
(b) to enhance the quality of life and the present and future health, safety and welfare of all citizens;
(c) to ensure the proper planting and care of trees on public property;
(d) to delegate to the Public Works Director the authority and responsibility of managing public trees;
(e) to provide standards in the removal and replacement of trees on public property;
(f) to make provision for the emergency removal of trees and vegetation on private property under certain conditions.
Sec. 27-21. Definitions.
As used in this Article, the following words and phrases shall have the meanings indicated:
(a) City — The City of Opelika in the County of Lee in the State of Alabama.
(b) Damage – any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
(c) Director – Director of the Public Works Department of the City of Opelika, Alabama
(d) High voltage overhead power line – an overhead electric transmission line that transmits power at a voltage level of 7200 volts or more.
(e) Nuisance tree – any tree, or limb thereof, that has an infectious disease, decay, rot, or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety and welfare.
(f) Owner – the record owner of real property or the occupant or a person with the right to exercise control over the property.
(g) Parkway – the area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of- way line and the paved portion of the street or alley.
(h) Person – includes a corporation, company, partnership, firm, association, or society as well as a natural person.
(i)Public property – real property owned or controlled by the City with unrestricted public access, including public street rights-of-way, but excluding a utility or drainage easement on private property.
(j) Public tree – any tree or woody vegetation on city-owned or city-maintained property or right-of-way.
(k) Right-of-way — means and includes a public street, public right-of-way, public highway, public alley or public way designated as part of the City street system or designated as part of the state highway system. The words “street” or “public right-of-way” shall mean the entire street or highway right-of-way from property line to property line, including sidewalks and parkways.
(l) Top or Topping – the non-standard practice of cutting back of limbs to stubs within a tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
Sec. 27-22. Authority and power.
(a) Delegation of authority and responsibility. The Director of the Public Works Department and/or his designee, hereinafter referred to as the “Director”, shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of- ways, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
(b) Coordination among city departments. All city departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this article as it relates to streets, alleys, rights-of-way and other public properties not under direct jurisdiction of the Director.
(c) Interference. No person shall hinder, prevent, delay, or interfere with the Director or his agents while engaged in carrying out the execution or enforcement of this article.
Sec. 27.23. Tree planting and care standards.
(a) Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 “Standards for Tree Care Operations” and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.
(b) Requirements of franchise utility companies. The trimming or removal of trees in public rights-of-way by utility companies and their contractors or agents shall conform to all applicable utility industry standards. Trimming or pruning shall comply with ANSI A300 standards.
(c) Preferred species list. The Director shall maintain an official list of desirable tree species for planting on public property in two size classes: Ornamental (20 feet or less in height at maturity) and Shade (greater than 20 feet at maturity). Trees from this approved list may be planted without special permission; other species may be planted with written approval from the Director.
(d)Planting distances. The Director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within ten (10) feet of a fire hydrant. For purposes of this subsection (d), “visibility triangle” shall mean the areas along an intersection’s approach legs and across the included corners as specified in the City of Opelika Public Works Manual.
(e) Planting trees under electric utility lines. It shall be unlawful for any person, firm, or corporation to plant a tree under or within fifteen (15) feet of a high voltage overhead power line. Only trees listed as Ornamental trees on the official city tree species list may be planted under or within fifteen (15) lateral feet of any low or medium voltage overhead utility line.
(f) Underground utility lines. It shall be unlawful for any person, firm, or corporation to plant a tree over or within ten (10) lateral feet of any underground utility line, including, but not limited to water mains, sewer lines, electric transmission lines, coaxed cable lines and fiber optic lines.
(g) Protection of public trees during construction. Any person, firm, corporation, or city department performing construction near any public tree must employ industry standard (ISA, BMP’s “Managing Trees During Construction”) measures to protect the tree, including, but not limited to, placing barriers around the tree to prevent damage.
Sec. 27-24. Prohibition against harming public trees.
(a) It shall be unlawful for any person, firm, or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the Director.
(b) It shall be unlawful for any person, firm, or corporation to attach any cable, wire or signs or any other object to any street, park, or public tree.
(c) It shall be unlawful for any person, firm, or corporation to “top” any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the Director.
Sec. 27-25. Adjacent owner responsibility.
(a) The owner of land adjacent to any city street or highway, when acting within the provisions of this article, may plant and maintain trees in the adjacent parkway area. Property owners are responsible for the reasonable and routine maintenance of trees and other landscaping in the adjacent parkway area.
(b) No property owner shall allow a tree, or other plant growing on his or her property or within the adjacent parkway to obstruct or interfere with pedestrians or the view of motorists, thereby creating a hazard. If an obstruction persists, the Director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the City may undertake the necessary work and charge the cost to the property owner. Trees located on private land are the property and responsibility of the owner of such land. The City accepts no responsibility for the management of trees on private property beyond what is necessary to accomplish its lawful activities on such land pursuant to this section.
Sec. 27-26. Planting near sidewalks.
(a) It shall be unlawful for any property owner or agent to plant, maintain or permit a tree, hedge, or vegetation to overgrow or obstruct a sidewalk.
(b) The owner shall trim tree limbs growing over a sidewalk at a minimum clearance of 14 feet above the street level measured at the nearest curb line.
Sec. 27-27. Clearance of limbs and foliage—streets.
It shall be unlawful for any property owner or occupant to permit the limbs, branches and/or foliage of any tree or shrub upon such property to project into or extend over any street or highway, in such a manner that there shall be a clearance of less than 14 feet between the street surface and such limbs, branches and/or foliage.
Sec. 27-28. Proximity of trees and shrubs to fire hydrant.
It shall be unlawful for any property owner to plant, maintain or permit any tree closer than ten (10) feet to a fire hydrant or any shrub or bush closer than six (6) feet to a fire hydrant.
Sec. 27-29 Certain trees declared a nuisance.
(a) Any tree, or limb thereof, on private property determined by the Director to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the City may require its treatment or removal.
(b) It shall be unlawful for any property owner or occupant to permit to stand upon his property any dead tree, any dead part of a tree, any fatally diseased or structurally weak tree, or any structurally weak part of a tree, which is a menace to public safety, which endangers any public right-of-way, or which endangers any building or other property.
(c) Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property. The City may remove such trees at the owner’s expense if the owner does not comply with treatment and/or removal as specified by the Director within the written notification period.
(d) When in the judgment of the Director of Opelika Power Services, a tree interferes with the safe and reliable operation of the electric power system along a street right-of-way and cannot be pruned in accordance with ANSI A300 standards so as to provide the required clearance, Opelika Power Services may offer to remove the tree and request replacement planting by the City with a species and in a location mutually agreeable to the Director of Opelika Power Services and the property owner. Such trees may be placed on public land or private property, within the limitations of this section.
Sec. 27-30. Notice to remove.
Upon the discovery of any tree or vegetation in violation of the provisions of this article, the Director shall notify the owner or his/her agent, the lessee, or the occupant of the property whereon such violation exists of such violation and order such owner or occupant to remove such tree or vegetation or to bring such tree or vegetation into compliance with the provisions of this article. The notice under this section must include:
(a) a description of the corrective action required.
(b) a statement that the corrective action must be complete not later than the 15th day after receipt of the notice.
Sec. 27-31. Prosecution upon failure to comply with notice.
If, at the expiration of the date set forth in the notice provided for in Section 27-30, the owner or his/her agent, the lessee or the occupant of the property upon which a violation of the provisions of this article exists has refused to comply with such notice or such violation is allowed to continue, the Director may report such fact to a municipal court magistrate and file charges against such owner or occupant for the violation of this article.
Sec. 27-32. Removal by City.
If, upon the expiration of the time set out in the notice served under the provisions of Section 27-30, the owner or his/her agent, the lessee or the occupant refuses or neglects to comply with the notice, the Director shall have the authority to abate such violation by having the trees, shrubs or other vegetation removed or the violation otherwise brought into compliance with the provisions of this article. The costs of removal or abatement shall be paid by the person committing the violation and shall be assessed as a special assessment against the property whereon such violation existed. Any such costs and expenses in excess of $500.00 so assessed may be paid in installments as recommended by the Director and authorized by the City Council.
Sec. 27-33. Penalties for violation.
Violations of the provisions of this article or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than one hundred eighty (180) days or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful actions necessary to prevent or remedy any violation.
Sec. 27-34. Injunctive relief and civil remedies.
(a)If any person has violated or continues to violate any provision of this article, the City may petition the appropriate court for preliminary and/or permanent injunction restraining the person from activities that would create violations of this article or compelling the person to perform corrective action and/or remediation of any violation.
(b)The City may also institute civil proceedings in a court of competent jurisdiction seeking monetary damages resulting from any violation of this article and may seek other equitable relief to enforce compliance with the provisions of this article or to enforce compliance with any lawful orders of the Director.
Sec. 27-35. Appeals.
The decisions of the Director shall be final and binding upon all parties unless the property owner appeals to the City Council. Any person receiving a notice of adverse decision from the Director, and wishing to appeal the same, shall file a written notice of appeal to the Director and City Clerk within ten (10) days from the date of the notice of the adverse action. The notice of appeal must contain a brief statement of the facts that support the appeal and why the Director’s decision should be reversed. The hearing on the appeal to the City Council shall be held within thirty (30) days of the notice of appeal. The decision of the City Council shall be final.
Sec. 27-36. Severability.
Severability is intended throughout and within the provisions of this article. If any section, clause, sentence, or phrase of this article shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall in no way affect any section, clause, subsection, sentence or phrase of this article.
Section 2. Repealer Clause. All amendments or parts thereof which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
Section 3. Effective Date. This Ordinance and the provisions of article II of Chapter 27 of the Code of Ordinances shall take effect immediately upon its adoption, approval and publication as required by law.
Section 4. Publication. The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause a copy of 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 21st day of February, 2023.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, CMC CITY CLERK
TRANSMITTED TO MAYOR on this the 22nd day of February, 2023.
/s/ Russell A. Jones, CMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 22nd day of February, 2023.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, CMC CITY CLERK
Legal Run 03/02/2023
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IN THE CIRCUIT COURT OF
LEE COUNTY, ALABAMA
43-CV-2022-900376.00
BENJAMIN H. PARR, AS THE ADMINISTRATOR OF THE ESTATE OF
LOUIS LEON DURR, JR.,
LATASHA DURR and
FELICIA DURR THOMAS Plaintiff,
V.
Parcels of Land Lying in Lee County, Alabama,
MONICA NELMS, and
Unknown persons who may claim an interest in said property whose identities are unknown and who cannot
by reasonable diligence be ascertained,
Defendants.
NOTICE OF ACTION
To: All Defendants herein, whose whereabouts are unknown and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 26th day of October 2022, a Bill to Quiet Title was filed in the Circuit Court of Lee County, Alabama, regarding the following described real property:
LOTS 1, 2 AND 3 OF DURR-NELMS SUBDIVISION, ACCORDING TO AND AS SHOWN BY THAT CERTAIN MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGE 155, IN THE OFFICE OF THE JUDGE OF PROBATE OF LEE COUNTY, ALABAMA. (Also known as Lee County tax parcels 43-09-03-06-4-000-002.000, 43-09-03-06-4-000-003.000, 43-09-03-06-4-000-004.000, and 43-09-03-06-4-000-005.000); AND
FROM THE NORHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 19 NORTH, RANGE 26 EAST IN LEE COUNTY, ALABAMA, RUN THENCE SOUTH 89 DEGREES 56 MINUTES EAST FOR 1,161.1 FEET TO AN IRON PIN; THENCE RUN SOUTH 00 DEGREES 04 MINUTES WEST FOR 415.9 FEET TO AN IRON PIN ON THE SOUTHERNLY MARGIN OF LEE COUNTY HIGHWAY NO. 54; THENCE RUN NORTH 81 DEGREES 05 MINUTES WEST, ALONG THE MARGIN OF SAID HIHGWAY, FOR 100.00 FEET TO THE IRON PIN AT THE POINT OF BEGINNING OF THE PROPERTY TO BE HEREIN DESCRIBED. FROM THIS POINT OF BEGINNING RUN THENCE NORTH 77 DEGREES 55 MINUTES WEST FOR 85.9 FEET; THENCE SOUTH 07 DEGREES 43 MINUTES WEST FOR 203.8 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES WEST FOR 65.2 FEET TO AN IRON PIN; THENCE SOUTH 89 DEGREES 56 MINUTE EAST FOR 210 FEET; THENCE NORTH 81 DEGREES 04 MINUTES EAST FOR 34.0 FEET TO AN IRON PIN; THENCE NORTH 81 DEGREES 05 MINUTES WEST FOR 100.0 FEET TO AN IRON PIN; NORTH 00 DEGREES 04 MINUTES EAST FOR 200.00 FEET TO THE IRON POINT AT THE POINT OF THE BEGINNING. (Also known as Lee County Tax Parcel Number 43-09-03-06-4-000-014.000).
All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.
Done this the 27th day of February, 2023.
Mary Roberson Circuit Court Clerk, Lee County
Benjamin H. Parr
830 Avenue A, Suite A
Opelika, Alabama 36801
Telephone Number: 334-749-6999
Fax: 334-203-1875
ben@benparrlaw.com
Legal Run 03/02/23, 03/09/23, 03/16/23 & 03/23/23
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CITY OF OPELIKA ZONING BOARD OF ADJUSTMENT
REGULAR MEETING AGENDA
300 Martin Luther King Blvd.
March 14, 2023
TIME: 9:00 AM
A.VARIANCE
1. Dan Snavely, 304 Williamson Avenue, M-1 zoning district, Requesting a 10 foot side yard setback variance from the 30 foot side yard setback requirement to construct a 50×100 building addition.
2. Mike Maher, representative for Lee County Alabama Habitat for Humanity, 226 Cherry Avenue, R-3 zoning district, Requesting a 10 foot lot width variance from the 70 foot minimum lot width requirement to construct a single family home.
3. Manish Desai, 510 Geneva Street, C-2, GC-S zoning district, Requesting a 4.32 foot setback variance on the Geneva Street side from the 20 foot minimum side yard setback requirement to construct a 4,480 square foot office building.
4. J Manifold Construction, authorized representative for Jeremy Wolter, property owner, 314 3rd Avenue, R-2 zoning district, Requesting a 10.5 foot side yard setback variance from the 25 foot side yard on street requirement to construct a 29.7x 26.7 pool house.
5. Lamar Daniels, Premium Beverage Company, 1511 & 1507 First Avenue, M-1 zoning district, Requesting a 30 foot front yard setback variance from the 30 foot front yard setback requirement and requesting a 25 foot rear yard setback variance from the 30 foot rear yard setback requirement and requesting a 20 foot side yard setback variance from the 30 foot side yard setback requirement.
“In compliance with the Americans with Disabilities Act, the City of Opelika will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the ADA Coordinator 72 hours prior to the meeting at (334)705-5130.”
Legal Run 03/02/2023
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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN RE: The Estate of ROBERTA BROTHERS, Deceased
Case No. 2023-090
NOTICE OF HEARING
TO: Wade McKinney, 5400 Big East Fort Rd., Franklin, TN 37064
AND ANY UNKNOWN heirs of ROBERTA BROTHERS, deceased
Notice is hereby given that a Petition to Probate the Last Will and Testament of the Estate of ROBERTA BROTHERS, deceased has been filed in the Lee County Probate Office. A hearing has been set for the 13th day of April, 2023 at 10:00 a.m. central time, electronically via “ZOOM”. Please contact the Lee County Probate Court at 334-737-3670 for access to the electronic hearing should you intend to take part in the hearing of the Petition to Probate the Last Will and Testament of the Estate of ROBERTA BROTHERS, deceased.
Bill English
Judge of Probate, Lee County, Alabama
Legal Run 03/02/2023, 03/09/2023, 03/16/2023
