NOTICE OF APPOINTMENT
COURT OF LEE COUNTY ALABAMA
ESTATE OF NANCY POOLAS MCKEMIE, DECEASED
Letters of Administration with Will Annexed of said deceased having been granted to the undersigned on the 8th day of September, 2021, 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 8th day of September, 2021.
RHONDA ANN MCKEMIE
Legal Run 09/16/2021, 09/23/2021 & 09/30/2021
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IN THE MATTER OF THE ESTATE OF CHARLIE LEROY HERRON, II, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2021-499
Letters of Administration of said deceased having been granted to the undersigned on the 3rd day of September, 2021, 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.
LARRY GENE CLARK
Administrator
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 09/16/21, 09/23/21 & 09/30/21
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FORM OF ADVERTISMENT FOR COMPLETION
LEGAL NOTICE
In accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given, that ADAMS CONSTRUCTION AND ASSOCIATES, INC, CONTRACTOR, has completed the contract for Construction of DINIUS PARK, at 1435 E. Glenn Ave. 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:
N. Shane Yarbrough , P.E., Foresite Group
Richard Meinert, Meinert Architecture (Architect I Engineer)
Adams Construction & Associates, Inc. /Contractor
6053 Stage Rd. Auburn , AL 36832
Legal Run 09/16/21, 09/23/21, 09/30/21 & 10/07/21
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IN THE MATTER OF THE ESTATE OF EVERLENA DENNISON, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2021-498
Letters of Administration of said deceased having been granted to the undersigned on the 3rd day of September, 2021, 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.
ROGER DELL DENNISON
Administrator
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 09/16/21, 09/23/21 & 09/30/21
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FORM OF ADVERTISMENT FOR COMPLETION
LEGAL NOTICE
In accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given, that WHATLEY CONSTRUCTION LLC, has completed the contract for Improvement of AU 20-539 AU Jordan Hare Stadium Miscellaneous Structural Repairs 2020-2021 at Auburn University Jordan Hare Football Stadium for Lee County, Auburn, State of Alabama. 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, Inc. 880 Montclair Road, Suite 600, Birmingham, AL 35213
WHATLEY CONSTRUCTION, LLC / CONTRACTOR
P.O. BOX 137, OPELIKA, AL 36802
NOTE: This notice must run once a week for four successive weeks for projects exceeding $50,000.00. For projects of $50,000.00 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 09/23/21, 09/30/21, 10/07/21 & 10/14/21
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IN THE PROBATE COURT OF LEE COUNTY, STATE OF ALABAMA
RE: IN THE MATTER OF THE ESTATE OF MALCOM FRED SIMS, DECEASED.
CASE NO.: 2021- 521
NOTICE OF APPOINTMENT TO BE PUBLISHED BY EXECUTRIX
Letters Testamentary of said deceased having been granted to Susan Gladys Sims, on the 14th day of September, 2021, by the Hon. 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 time allowed by law or the same will be barred. BY: James E. Hall, Attorney for Executrix.
Legal Run 09/23/21, 09/30/21 & 10/07/21
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NOTICE OF LEGAL ACTION
IN RE: C.N., D.O.B. 10/25/2009:
CASE NO.: 12JU2021000057.01
Candice Napier, whose whereabouts are unknown, and/or any woman claiming to be the mother of or to have any paternal rights to a child bearing the initials C.N., born 10/25/2009, must answer Michael Napier’s Petition for Termination of Parental Rights and other relief by no later than fourteen (14) days after the last publication of this notice or thereafter a judgment may be rendered terminating her parental rights to C.N. in case number 12-JU-2021-000057.01, filed in the Juvenile Court of Chambers County, Alabama. If you are the Respondent, you are to file your answer to said Petition with the Circuit Clerk of Chambers County, Chambers County Courthouse, 2 South LaFayette Street, LaFayette, Alabama 36862 with a copy of such answer to be served on the Attorney for the Petitioner, Allen C. Jones, at 1323 Broad Street, Phenix City, Alabama
36867.
Legal Run 09/23/21, 09/30/21, 10/07/21 & 10/14/21
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATIER OF THE ADOPTION PETITION OF NEIKA DEMETRIC WILLIS and SHENETT A KATRAY WILLIS
CASE NO.: 2021-489
PUBLICATION NOTICE
TO: Unknown Father, address unknown
Please take notice that a petition for adoption was filed in the Probate Court of Lee County, Alabama by NEIKA DEMETRIC WILLIS AND SHENETTA KATRAY WILLIS on July 14, 2021, for the adoption of K. L. H. born on January 19, 2021, in Opelika, Alabama to Rosetta Harris.
A hearing has been set for the 16th day of November, 2021 at 10 o’clock am Central time in the Probate Court, Lee County Courthouse, 215 South 9th Street, Opelika,
AL 36801. Should you intend to contest this adoption you must file a written response with the attorney for the petitioner, Hon. Samantha Copelan, 310 Samford Village Court, Suite 200, Auburn, Alabama 36830 and with the Clerk of the Probate Court of Lee County, Alabama, as soon as possible but no later than thirty (30) days from the last day this notice is published or appear on the date of the hearing as set above to contest said Petition.
Dated on this the 15th day of September, 2021.
HON. BILL ENGLISH JUDGE OF PROBATE LEECOUNTY, ALABAMA
Legal Run 09/23/21, 09/30/21. 10/07/21 & 10/14/21
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IN THE MATTER OF THE ESTATE OF WALLACE E. KILGO, JR., Deceased
PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NO. 2021-319
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of WALLACE E. KILGO JR., deceased having been granted to Alfred Douglas Davidson, on the 8th day of September 2021, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
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.
ALFRED DOUGLAS DAVIDSON
Legal Run 09/16/21, 09/23/21 & 09/30/21
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ORDINANCE NO. 018-21
AN ORDINANCE APPROVING LEASE AGREEMENT WITH
EAST CENTRAL ALABAMA HIGHWAY SAFETY OFFICE
BE IT ORDAINED by the City Council of the City of Opelika, Alabama as follows:
Section 1. It is hereby established and declared that the following described real property of the City of Opelika, Alabama (the “City”) is not currently needed for public or municipal purposes, to-wit:
One (1) room on the first floor of the Public Works Administration Building located at 700 Fox Trail, Opelika, Alabama.
Section 2. That the City, having received an offer from East Central Alabama Highway Safety Office to lease said room described in Section 1 above, it is hereby declared to be in the best interest of the public and the City, to lease said office room to East Central Alabama Highway Safety Office at a monthly rental of $1,900.00 for a term of one (1) year commencing on October 1, 2021 and ending on September 30, 2022.
Section 3. That a proposed Lease Agreement to be entered into between the City and East Central Alabama Highway Safety Office, a copy of which is attached as Exhibit “A”, be and the same is hereby approved, authorized, ratified and confirmed in substantially the form submitted to the City Council.
Section 4. That the Mayor and the City Clerk are hereby authorized and directed to execute, attest and deliver said Lease Agreement in the name and on behalf of the City.
Section 5. That this ordinance shall become effective immediately upon its adoption and publication as required by law.
Section 6. That the City Clerk of the City of Opelika is hereby authorized and directed to cause this ordinance to be published one (1) time in a newspaper published in and of general circulation in the City of Opelika, Alabama.
ADOPTED AND APPROVED this the 21st day of September, 2021.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones CITY CLERK
TRANSMITTED TO MAYOR on this the 22nd day of September, 2021.
/s/ Russell A. Jones CITY CLERK
ACTION BY MAYOR
APPROVED this the 22nd day of September, 2021.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones CITY CLERK
Legal Run 09/30/2021
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ORDINANCE NO. 019-21
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. That Ordinance 124-91 entitled “Zoning Ordinance City of Opelika, Alabama”, adopted on September 17, 1991, and the Zoning Map of the City of Opelika provided for and referred to therein, as previously amended and/or modified, be and the same is hereby amended by rezoning or redistricting the parcels of land hereinafter in this section described, so as to change such parcels from one class of district to another class of district as follows, to-wit:
From a R-1 District (Rural District) to a R-3 District (Low-Density Residential District), the parcels of land hereinafter described:
Lots 1, 2, 3, 4 and 5 as shown on the “Harwell Hills Sixth Addition” subdivision plat recorded in Plat Book 43 at Page 154 on May 27, 2020, at the Lee County, Alabama Courthouse.
The above-described property contains 1.26 acres, more or less, and is located in the 500 block of Rustic Street, Opelika, Alabama.
Section 2. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.
Section 3. This Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 21st day of September, 2021.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones CITY CLERK
TRANSMITTED TO MAYOR on this the 22nd day of September, 2021.
/s/ Russell A. Jones CITY CLERK
ACTION BY MAYOR
APPROVED this the 22nd day of September, 2021.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones CITY CLERK
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Notice of Public Auction
Notice of Public Auction Boardwalk Storage-Opelika, pursuant to the “Self Service Storage Act” (1981 Alabama Acts, Number 81-769, page 1321 and Section 1), hereby gives Notice of Sale under said act, to wit.
Notice of Public Auction. Boardwalk Storage-Opelika Will be holding a public auction online at Lockerfox.com On October 12, 2021 @11:00am
Only bank checks will be accepted.
All sales are final and the units must be cleaned out completely in 48 hours. A 100.00 cleaning deposit is required and will be refunded upon unit inspection. Unit must be clean of all items and swept.
We currently have 1 unit(s) available:
E04 – Jessi Deese Living room furniture, dressing, wall hangings, boxes
334-741-9133 – 6790 US Hwy 29 N, Opelika, Al 36854
Legal Run 09/30/21 & 10/7/21
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ORDINANCE NO. 020-21
ORDINANCE ADOPTING A REGISTRATION AND INSPECTION
PROGRAM FOR RESIDENTIAL PROPERTIES BEING RENTED
WITHIN THE CITY OF OPELIKA, ALABAMA
BE IT ORDAINED by the City Council of the City of Opelika as follows:
Section 1. That Chapter 12 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended by adding an article to be numbered IV, which said article shall read as follows:
ARTICLE IV
RESIDENTIAL RENTAL PROPERTY REGISTRATION AND INSPECTION
Sec. 12-40. Title.
This article shall be known as the Residential Rental Property Registration and Inspection Code of the City of Opelika.
Sec. 12-41. Legislative Findings.
The City of Opelika does hereby find and declare that:
(a) The Alabama Uniform Residential Landlord and Tenant Act, Act No. 2006-316, codified as Sections 35-9A-101 et seq, 1975 Code of Alabama, became effective on January 1, 2007;
(b) Sections 35-9A-102(b) states that one of the purposes of the Act is to encourage landlords and tenants to maintain and improve the quality of housing;
(c) Sections 11-40-10(b) authorizes a municipality to enforce police or sanitary regulations within the city limits and to prescribe fines and penalties for violations of the regulations;
(d) Section 11-45-8(c) authorizes a municipality to adopt ordinances, rules and regulations as a code for the construction, erection, alteration or improvement of buildings, the installation of plumbing or plumbing fixtures, installation of gas or gas fixtures, fire prevention, health and sanitation, mechanical, housing, elimination and repair of unsafe buildings and other like codes;
(e) Section 35-9A-204(a)(1) requires a landlord to comply with the requirements of applicable building and housing codes materially affecting health and safety;
(f) Section 35-9A-301(1) requires a tenant to comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(g) Pursuant to Section 11-45-1, a municipality is authorized to adopt ordinances not inconsistent with the laws of the state to provide for the safety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of the inhabitants of the municipality;
(h) In Opinion No. 2007-009, dated October 31, 2006, the Attorney General issued an opinion to Mayor Ronald K. Davis of the City of Pritchard that a municipality has the authority to adopt an ordinance (1) requiring the annual inspection of apartments and rental houses to ensure compliance with the local building code, (2) charging a reasonable fee to defray the expense of performing the inspections, and (3) charging a reasonable fine or revoking the certificate of occupancy of any apartment or rental house failing to comply with the local building code;
(i) There is a need to protect the public health, safety and welfare of the occupants of residential rental dwelling units in the City of Opelika;
(j) The City Council of the City of Opelika (the “City”) recognizes that the preservation of existing rental housing stock is of tremendous importance. There are more than 4,500 rental housing units within the City. Rental housing provides needed, affordable housing for many and is a valuable asset that must be preserved and maintained. The City has a significant interest in ensuring that rental housing remains a safe and desirable housing option for its citizens.
(k) There exists in the City substandard and unsanitary residential buildings and rental housing units whose conditions violate state and local building, housing, and safety Codes and ordinances. Property owners may be unaware of some hazardous conditions, or may choose not to make the necessary repairs due to costs.
(l) Substandard and deficient rental housing units are unfit or unsafe for human occupancy and their conditions jeopardize the health, safety, and welfare of their occupants and of the public. Substandard housing conditions pose a particularly acute risk to young children (from lead poisoning or asthma attacks from mold and other air-borne irritants), seniors (from falls), and people with chronic illnesses.
(m) Relying on a complaint-based enforcement program is inadequate to ensure that rental housing properties are safely and adequately maintained. Inspection authorities often do not receive complaints about rental units with the worst violations of health and safety codes. Tenants may fear being evicted or that their rent will be raised for reporting violations or may face language or education barriers preventing them from using complaint-based programs.
(n) Deteriorating and substandard buildings and dwelling units also threaten the physical, social, and economic stability of neighboring structures and surrounding neighborhoods and the community as a whole. By ensuring that landlords are aware of poor conditions before they worsen, proactive inspections encourage preventative maintenance, which is more cost effective
than deferred maintenance, and thereby helps landlords to maintain their properties. Proactive rental inspection programs can ensure that properties don’t become blighted, thereby preserving neighboring property values and the local tax base.
(o)Public interest demands that all rental housing properties comply with the minimum standards regarding the health and safety of the public. The most effective way to seek universal compliance with the minimum standards is through routine, periodic inspections of all rental housing properties.
(p)Residential rental dwelling units are in need of inspection by the Building Official to prevent deterioration and to maintain safe, decent and sanitary living conditions for the tenants of such units.
The City of Opelika now seeks to adopt regulations of the type approved by the Attorney General to provide for the safety and preserve the health of persons residing in rental housing.
Sec. 12-42.Purpose.
The purpose of this article is to ensure that rental housing in the City is maintained in a good, safe and sanitary condition and does not create a nuisance or blighted condition to its surroundings; to protect the character and stability of residential areas; to identify the existence of substandard residential rental properties; to correct and prevent housing conditions that adversely affect the safety, general welfare and health of the residents; to preserve the value of land and structures throughout the City of Opelika; to provide certain minimum housing standards necessary to the health and safety of residents; and to enhance the quality of life of residents of the City living in residential rental units. With respect to rental disputes, it is not the intent of the City of Opelika to intrude upon contractual relationships between tenant and landlord. The City of Opelika does not intend to intervene as an advocate for either party, nor to be receptive to complaints between tenants and landlords which are not specifically and clearly relevant to the provisions of this article. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal remedies as are available to them without the intervention of the City of Opelika.
The express purpose of this article is to provide for and promote the health, safety and welfare of the general public and not to protect individuals or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this article. The obligation of complying with the requirements of this article and the liability for failure to do so is hereby placed on the property owner and/or occupant or persons responsible for the condition of the building or premises.
Sec. 12-43. Definitions.
For the purposes of this ordinance, the following words and phrases shall have the following meanings:
(a) “Building Official” is the chief building inspector of the building inspection division and all City employees designated by the Building Official to act on his or her behalf to construe and enforce this article. Authorized designees shall possess all mandated certifications to enforce property maintenance codes.
(b) “City” means the City of Opelika, Alabama.
(c) “Factory built housing” means a factory built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. Factory built housing includes modular homes, manufactured homes, mobile homes and house trailers.
(d) “Property Maintenance Code” means the International Property Maintenance Code adopted under and pursuant to Section 5-207 of the Code of Ordinances of the City of Opelika.
(e) “Property Owner” or “Owner” means a person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property. If more than one person or entity owns the subject real property, “Property Owner” refers to each person or entity holding any portion of the fee interest in the property, and the Property Owners’ obligations in this article are joint and several as to each property owner.
(f) “Rental Occupancy Certificate” means a document issued by the Building Official indicating that the residential rental dwelling unit is in compliance with the Property Maintenance Code and the checklist used as a guide for compliance with the Property Maintenance Code.
(g)“Residential Rental Property” means a structure or part of a structure, including factory built housing structures, with one or more residential units which are leased for occupancy. However, it does not include the property excluded in Section 12-44. Residential rental property includes the following: single-family dwellings, duplexes, apartments, townhouses, condominiums and factory built housing structures.
(h)“Residential Rental Dwelling Unit” or “Rental Unit” means one (1) or more rooms in a structure designed and used as a residence or living quarters by one (1) or more persons who are not its owners and contained within a residential rental property as defined herein. It is a housing unit that is or may be available for rent or is occupied or rented by a tenant or subtenant in exchange for any form of consideration. However, it does not include the property excluded in Section 12-44.
(i) “Shelter” means a facility with overnight sleeping accommodations, owned, operated or managed by a non-profit organization or governmental entity, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless.
(j) “Tourist Home” is a private home where rooms are rented to travelers or transient guests on a daily or weekly basis. A bed and breakfast facility is an example of a tourist home.
(k) “Unit unavailable for rent” means any residential dwelling unit that is not offered or available for rent as a rental unit and where prior to offering or making the unit available as a rental housing unit, the owner is required to register the rental property and comply with all rules adopted under this article.
(l) “Vacant” means a residential dwelling unit that is unoccupied or illegally occupied.
(m) “Working day” means any day other than Saturday, Sunday and any holiday observed by the City of Opelika.
Sec. 12-44. Scope.
(a) The registration and inspection provisions of this article shall apply to:
All residential rental dwelling units located within the City of Opelika and all accessory uses thereon, including party lots, driveways, landscaping, accessory structures, fences, walls, interior and exterior common areas, except:
(1) Housing accommodations in hotels, motels, inns or tourist homes.
(2) Housing accommodations in hospitals, state licensed group homes, any facilities occupied exclusively by members of a religious order; licensed nursing homes, licensed extended medical care facilities; licensed assisted living facilities, asylums or on-campus housing accommodations owned, operated or managed by an institution of higher education.
(3) Owner or manager occupied rental units.
(4) Rental units that are owned, operated or managed by a governmental agency other than the City or which are exempt from municipal regulation pursuant to state or federal law or regulations, but only so long as such government ownership, operations or management or exemption from municipal regulation continues in effect.
(5) Public Housing Units owned or administered by the Housing Authority of the City of Opelika and/or its subsidiary, Opelika Housing Development, Inc.
(6) Owner occupied condominium and townhouse units.
(7) Emergency or temporary shelter or transitional housing accommodations.
(8) Units unavailable for rent.
(9) Short term rental units (such as offered by Airbnb, VRBO and similar operators) if the rental unit is the primary residence of the short term rental operator and it is available for use, or is used for accommodations or lodging of guests for a period of less than sixty (60) consecutive days and for not more than ninety (90) days in any calendar year.
(b) The inspection provisions of this article shall not apply to Housing Choice Voucher Program rental units (Section 8 rental units) whose vouchers are administered by the Housing Authority of the City of Opelika. (Units occupied by a tenant on a Section 8 voucher are already inspected annually by the Opelika Housing Authority.) The registration provisions of this article shall apply to all Housing Choice Voucher Program rental units.
Sec. 12-45. Registration of Residential Rental Property.
(a) After January 1, 2022, it shall be unlawful for any owner, as defined herein, to lease or operate a residential rental property without registering it with the City and complying with the provisions of this article. All existing residential rental units must be registered with the City on or before January 1, 2022, but not before October 1, 2021. The registration of residential rental properties required herein shall expire on the 31st day of December of each year thereafter.
(b) After January 1, 2022, a newly constructed or converted residential rental property shall be registered with the City and a rental occupancy certificate obtained before said property is occupied.
(c) Upon registration of a residential rental dwelling unit, the Building Official shall issue to the property owner a temporary rental occupancy certificate indicating that said rental unit is registered in accordance with the provisions of this article. This document shall be valid until the first inspection of the property by the City, unless such certificate is terminated by the Building Official. The Building Official shall automatically terminate the temporary rental occupancy certificate if the Building Official determines:
(1) the owner fails to renew the registration in accordance with the provisions of Section 12-47; or
(2) the owner fails to comply with any requirement of this article, including, but not limited to, the inspection requirements under Section 12-51.
Sec. 12-46. Application Requirements.
Applications for registration shall be filed with the building inspection department and accompanied by a registration fee as established in Sec. 12-49. Such application shall include the following information:
(a) Name, street address and telephone number of the owner of the rental unit.
(b) Name, street address and telephone number of the owner’s agent responsible for the management of the premises of the rental unit.
(c) Legal address of the rental unit.
(d) Number of units in each building within the rental property.
(e) Description of rental unit (i.e.) house, condominium, townhouse, apartment, manufactured home, mobile home, etc.
(f) Signed statement of owner and owner’s agent indicating that he/she is aware of the City’s Property Maintenance Code and the legal ramifications for knowingly violating said Code.
(g) The name and address of the registered agent, if the owner is a corporation.
(h) Number of rental units, if property is an apartment complex or multi-unit facility. A list of unit numbers must accompany the registration.
(i) The owner’s signature and date of registration.
Sec. 12-47.Registration Renewal.
If there are no changes in ownership or agent representation, renewals of the registration may be made by filling out the Registration Renewal form furnished by the City and paying the appropriate fee. Registrations must be renewed on or before January 1 of each year, but not before October 1 of the preceding year.
Sec. 12-48. Changes In Ownership.
Within thirty (30) days of any change of ownership of any residential rental property, the new owner shall reregister the property by filing a registration application as set out in Section 12-46. There shall be no additional charge for the remaining period of the annual registration period. A change of ownership shall include any change in ownership rights, or execution of a contract or deed, whether recorded or not. The failure of the new owner to register the property within the time specified above is a violation of this article.
Sec. 12-49. Registration Fee.
The owner or his/her agent shall pay a registration fee of five dollars ($5.00) for each residential rental dwelling unit when he/she submits his/her completed application for registration and/or his/her renewal application. A twenty-five dollar ($25.00) late fee for each residential rental dwelling unit will be charged for the owner’s failure to timely register or renew the registration of a residential rental dwelling unit in compliance with the provisions of this article.
Sec. 12-50. Agent Required.
(a) Each owner of a residential rental dwelling unit within the City rented or offered for rent shall appoint an agent upon whom the City may lawfully serve notices pertaining to the administration of this article.
(b) The designated agent must reside in Lee County, Alabama.
(c) The owner may serve as the agent if the owner resides in Lee County, Alabama.
(d) All official notices served on the designated local agent shall be deemed to have been served on the property owner and shall be effective as if made on the property owner.
Sec. 12-51. Rental Property Inspection Upon Change in Occupancy.
(a) Inspections Required. With the exception of rental units identified in Section 12-44, all residential rental units are subject to routine periodic inspection as provided in this section to ensure that the rental unit complies with the Property Maintenance Code as adopted by Section 5-207 of the City Code and the checklist set out below.
(b) Frequency of Inspections. Beginning January 1, 2022, all residential rental dwelling units shall be inspected for compliance with the provisions of this article as follows:
(1) Upon first-time registration, if unoccupied
(2) Each time there is a change in tenancy, provided no rental unit shall be subject to inspection by the Building Official more often than every three years from the date of the issuance of the initial rental occupancy certificate except for re-inspections by the Building Official under Section 12-52 and inspections in response to citizen-based complaints under Section 12-53.
(c) Standards for Inspections. In determining whether a residential rental dwelling unit is in compliance with the provisions of the Property Maintenance Code, the Building Official and his or her designees shall use the following maintenance standards checklist as the list of items to be inspected during the inspection process:
Maintenance Standards Checklist
ADMINISTRATIVE COMPLIANCE
1. Property and units registered with the City of Opelika.
2. Ownership and contact information clearly defined on the registration form.
3. Registration fees paid.
4. Landlord contact information posted visibly on site.
EXTERIOR AREAS/STRUCTURE
1. Property has house numbers clearly visible from the street with numbers not less than 4 inches.
2. Roof and walls are not deteriorated and free from holes breaks and loose or rotting materials, and maintained weatherproof.
3. Foundation appears to be adequate and in good repair and free from open cracks or breaks and shall be kept in such condition to prevent the entry of pests.
4. Accessory buildings and fences in good repair.
5. Exterior doors are operable and able to be locked.
6. Windows and skylights are in good repair and weather tight. Windows are free from cracked, broken or missing panes.
7. Chimneys appear to be structurally safe and in good repair.
8. Property does not have broken, rotten, split, or buckled walls.
9. Stairways, porches, decks, and balconies have flooring, supports, and handrails in good condition and are properly anchored.
10. Roof drains, gutters, and downspouts shall be maintained in good repair and free from obstruction.
11. Known cisterns, wells, or other hazards are fenced, covered, or filled.
12. Property does not have an accumulation of garbage, junk, or debris.
13. Property is not providing habitation for rodents, wild animals, or other vermin.
14. Property does not have unsafe storage of combustible material.
INTERIOR AREAS/STRUCTURE
1. Walls, ceilings, and floors structurally sound and in good repair.
2. The building is maintained in a safe and sanitary condition.
3. All stairs are in sound condition and good repair. All stairs must have handrails and balusters or similar feature that prevents a fall hazard from open-sided stairs.
4. Handrails firmly fastened and in good repair for all stairs.
5. All floor coverings are free from tripping hazards and capable of being cleaned.
6. All habitable rooms are provided with adequate electrical service for proper illumination.
7. Every habitable space has at least one operable window or exterior door that faces directly to the outdoors.
8. The bathroom or toilet room have either an operable window or a mechanical means of ventilation.
9. Every habitable room, except the kitchen, have a plan dimension of not less than seven (7) feet wide.
10. The kitchen or non-habitable spaces used for their intended purposes.
PLUMBING
1. Rental unit has use of operable kitchen sink, toilet, and bathtub or shower.
2. All applicable plumbing fixtures have hot (capable of not less than 110°F) and cold water and are connected to sanitary sewer system with proper clearance for usage and cleaning.
3. Plumbing fixtures are maintained in a safe and functional condition and free of leaks.
4. Bathrooms provide adequate privacy.
5. Clothes dryer, if present, is properly vented to the outside with metal vent pipes.
6. The water heating equipment is properly installed and equipped with a temperature and pressure relief valve and relief valve discharge pipe.
ELECTRICAL/MECHANICAL
1. Electrical service is properly maintained and is sufficient to support the electrical load.
2. Adequate clearance for service is provided on the control side of all HVAC and utility appliances.
3. Each unit has heating facilities capable of maintaining a room temperature of 65°F degrees in all habitable rooms and bathrooms. Cooking appliances and portable heating units shall not be used to provide heating to meet requirement.
4. All electrical equipment, wiring, lighting, and appliances are properly installed and maintained in a safe and approved manner.
5. Electrical panels are accessible, clearly marked, and circuits are properly labeled.
6. Fuel fired equipment has appropriate and operable flues and shutoff valves.
7. Every habitable room and every bathroom contain at least one (1) properly installed electrical outlet.
8. Every laundry room if present, contains at least one (1) grounded-type receptacle or a ground-fault circuit interrupter (GFCI).
9. There are cover plates on all outlets, switches, and junction boxes.
10. GFCI outlets installed for all outlets within six (6) feet of a water source.
FIRE SAFETY REQUIREMENTS
1. Place one smoke alarm in each sleeping room. Place one smoke alarm immediately outside of all sleep areas (e.g., hallway). Place at least one smoke alarm on each floor, including the basement.
2. All sleeping rooms have safe and appropriate access to an operable window for egress.
3. Place one carbon monoxide detector immediately outside of sleeping rooms, such as in the hallway. There must be at least one carbon monoxide detector on each floor, including the basement. (Only applies to properties with gas or propane appliances.)
4. Fire alarm and suppression systems properly installed and operational where required.
5. Two clear and passable egress routes exist for each floor above the first floor.
6. All egress doors and windows are operable without need for keys, special knowledge or effort.
7. All existing fire resistance rating of walls, fire stops, floors, and doors, etc. are properly maintained.
The checklist shall be used solely to determine if a rental unit meets the requirements of this article. If all checklist items pass, then the Building Official shall issue a rental occupancy certificate. If any checklist item fails, then the inspection fails.
(d) Inspection Procedures. If upon first-time registration, the residential rental dwelling unit is unoccupied, the property owner or his or her local agent shall provide written or electronic notice to the Building Official of the unoccupied status of the residential rental dwelling unit. Except as provided below, the property owner or his or her local agent shall provide written or electronic notice to the Building Official upon each and every change in the tenant’s occupancy that requires a new lease, sublease or an assignment of rights under an existing lease. Notwithstanding any other provision of this article to the contrary, the property owner shall not be required to give notice of a change of occupancy when the rental dwelling unit has passed inspection within the preceding three (3) year period.
Except as provided below, an inspection of the rental dwelling unit shall be required upon the City’s receipt of written notice from the owner or his or her local agent as provided herein. Inspections required under this section shall be performed within ten (10) working days of the City’s written or electronic notice from the property owner or his or her local agent. Any temporary rental occupancy certificate issued under Section 12-45 shall terminate upon a change of occupancy.
The Building Official shall give written or electronic notice to the property owner or his or her local agent of the date and time of any inspection to be conducted under this section at least three (3) calendar days prior to the date of inspection. The Building Official shall mail the notice to the property owner or rental agent to the rental address provided on the registration application or send such notice electronically to the email address provided on the registration application. Alternatively, the property owner or his or her local agent may contact the Building Official or his or her designee to schedule an inspection at a mutually convenient date and time. Inspections will be conducted on a scheduled basis. The property owner and/or his or her local agent have the right to be present at any inspection. It shall be unlawful and in violation of this article for the property owner of a residential rental dwelling unit to refuse to allow the Building Official or his or her designees to inspect a residential rental dwelling unit as required by this article.
If upon inspection, the Building Official or his or her designee discovers one or more violations of the maintenance standards checklist, he shall cause to be issued to the property owner or his or her local agent, a notice and order to correct the violations. The order shall state in plain language the violations found and the conditions which cause the rental dwelling unit to be in non-compliance. The Building Official shall specify a reasonable time for correction of the violations, depending upon the severity of the condition and schedule a re-inspection of the rental dwelling unit. If the condition has not been corrected by the compliance date, but the property owner has made significant progress in correcting the violation(s), the Building Official may grant an extension of time. Nothing in this section precludes additional inspections conducted at the request of the property owner or his or her local agent, subject to the payment of all inspection fees as specified in Section 12-56.
All violations and deficiencies shall be corrected with all City required permits, approvals, inspections and re-inspections within the time specified in the notice before a rental occupancy certificate is issued. A provisional rental occupancy certificate may be issued if the residential rental dwelling unit is substantially but not entirely in compliance with this checklist and there are no imminent life, health or safety violations.
If, upon inspection, the Building Official finds no checklist violations, the Building Official shall issue to the property owner a rental occupancy certificate as provided in Section 12-54.
Sec. 12-52. Re-inspections.
A residential dwelling unit that exhibits a deficiency or deficiencies shall be subject to reinspection by the Building Official. All violation corrections shall be completed within the time specified by the Building Official. Noncompliance with a notice and order of the Building Official shall automatically terminate the rental occupancy certificate or provisional certificate.
Sec. 12-53. Complaint-based Inspection.
Nothing contained herein shall prevent or restrict the authority of the Building Official to inspect any residential rental dwelling unit, or the premises thereof, in response to a citizen complaint alleging code violations or other violations of law at such unit and to pursue all code enforcement remedies permissible under this article or other laws following such a complaint-based inspection of a residential rental dwelling unit. Upon receipt of a citizen-based complaint, the Building Official shall inspect the pertinent residential rental dwelling unit and/or areas of the residential rental property. Prior to an inspection, the Building Official must provide occupants (tenants) of the property at least two days written or electronic notice that includes the following:
(1) The dwelling units that may be inspected;
(2) That an inspector intends to enter the dwelling unit to inspect the unit;
(3) That the occupant (tenant) has a right to see the inspector’s identification before the inspector enters the residential rental dwelling unit; and
(4) Contact information for the Building Inspection Division.
An occupant may refuse an inspection except where the Building Official has produced a valid search warrant issued by a court of competent jurisdiction. The owner must allow the Building Official or his/her designees entry if occupants (tenants) have agreed to it. The Building Official shall not hold an owner in violation of this article who has met the requirements of this section but has been unable to obtain the permission of the occupant (tenant).
The Building Official shall also provide the property owner or his or her local agent at least written or electronic notice of the date and time of the inspection. The property owner and/or his or her local agent shall have the right to be present at the inspection. The Building Official shall follow the inspection procedures specified in Section 12-51(d).
All violations shall be corrected with all City required permits, approvals and inspections and re-inspections within the time specified on the notice and order of the Building Official in order to maintain a current rental occupancy certificate for a residential rental property. Noncompliance with a notice and order of the Building Official shall automatically terminate the rental occupancy certificate and render it null and void.
Sec. 12-54. Rental Occupancy Certificate.
Rental occupancy certificates issued pursuant to this article shall specify: the date of issuance, the legal use and occupancy of the unit, the unit address, the name of the unit owner to whom the certificate is issued, and that the unit complies with applicable laws so far as could be determined by inspection. It shall be unlawful and in a violation of this article for the owner of a residential rental dwelling unit to allow occupancy of a residential rental dwelling unit without first obtaining a rental occupancy certificate or allow occupancy after a residential rental certificate has been terminated. Noncompliance with a notice and order of the Building Official shall automatically terminate the rental occupancy certificate or provisional certificate.
Issuance of a rental occupancy certificate shall not constitute a guarantee or warranty of habitability or complete compliance with International Property Maintenance Code standards, and the occupant of any residential rental dwelling unit shall not rely on a rental occupancy certificate as a guarantee or warranty. The rental occupancy certificate shall contain a notice to this effect. The City shall not assume any liability to a person by reason of the inspections required by this article or the issuance of a rental occupancy certificate.
Sec. 12-55. Exemptions From Inspection Requirement.
Newly constructed residential rental dwelling units shall be exempt from the inspection provisions of Section 12-51 for a period of seven (7) years from the date the certificate of occupancy is issued by the Building Official. The exemption period shall begin to run on the date the Building Official issues a certificate of occupancy for the unit. This exemption shall not apply to complaint-based inspections under Section 12-53.
Sec. 12-56. Inspection Fees.
(a) The owner of the residential rental dwelling unit shall pay to the City a fee of fifty dollars ($50.00) for the initial inspection and one (1) reinspection of the unit to verify that substandard conditions have been corrected in accordance with Section 12-52. The owner shall be assessed a fee of twenty-five dollars ($25.00) for each additional follow-up reinspection.
(b) If a residential rental dwelling unit has been occupied without a rental occupancy certificate having been issued in violation of this article, the owner of the residential rental dwelling unit shall pay to the City the following fees:
(1) $150.00 for the first occupancy without a certificate.
(2) $300.00 for the second occupancy within one (1) year without a certificate.
(3) $500.00 for the third occupancy within one (1) year without a certificate.
Sec. 12-57. Administrative Regulations.
The Building Official is authorized and directed to promulgate administrative regulations pertaining to the implementation and enforcement of this article; provided, however, such administrative regulations shall not be inconsistent with the provisions of this article.
Sec. 12-58. Suspension of Rental Occupancy Certificate.
(a) The Building Official may suspend a rental occupancy certificate if the Building Official determines that:
(1) the residential rental property is unsafe or in a dangerous condition and the Building Official gives notice to the owner to remedy the unsafe or dangerous condition of the building or structure;
(2) the owner fails to comply with a notice of violation;
(3) the owner fails to comply with a requirement of this article;
(4) the owner fails to comply with other City permitting requirements; or
(5) the owner fails to pay the annual registration fee or inspection fee.
(b) A suspension is effective until the Building Official determines that the owner complies with:
(1) the requirements of this article;
(2) an order of the Building Official or court of competent jurisdiction; or
(3) a notice of violation.
(c) While under suspension, an owner may not lease or otherwise allow vacant rental units to be occupied and may not lease or otherwise allow an occupied rental unit to be occupied by new tenants.
(d) The Building Official must give notice to the owner of his intent to suspend the rental occupancy certificate issued under this article.
(e) The notice required by this section may specify a reasonable time for compliance under this article. If a time for compliance is specified, the Building Official may not suspend before the time for compliance has expired.
(f) If the rental occupancy certificate is suspended, the Building Official must give notice to the tenants.
Sec. 12-59. Revocation of Rental Occupancy Certificate
(a) The Building Official may immediately revoke a rental occupancy certificate that has been suspended pursuant to Section 12-58 (Suspension) if the Building Official determines:
(1) a condition that is dangerous or impairs habitability exists at the rental property during the suspension period; and
(2) the owner fails to take remedial action to correct the condition.
(b) Even if the certificate of rental occupancy certificate has not been suspended, the Building Official may immediately revoke the certificate issued under this article if an order to vacate the rental property is issued by the Building Official or a court of competent jurisdiction.
(c) After the rental property is compliant with the Property Maintenance Code, the Building Official may reinstate the rental occupancy certificate for the time specified in sections 12-51 and 12-54.
Sec. 12-60. Appeals.
All denials, suspensions, revocations and decisions of the Building Official shall be final and binding upon all parties unless the property owner appeals to the Property Maintenance Board of Appeals. Any person receiving a notice of an adverse decision, including denial of a rental occupancy certificate, notice of suspension, or notice of revocation, and wishing to appeal the same shall file a written notice of appeal in the office of the Building Official within ten (10) days from the date of notice of the adverse action. The notice of appeal must contain a brief statement of the facts that support the appeal and why the Building Official’s decision should be reversed. The hearing on the appeal to the Property Maintenance Board of Appeals shall be held within thirty (30) days of the notice of appeal. The decision of the Property Maintenance Board of Appeals shall be final.
Sec. 12-61. Penalties For Violation.
Violation 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 as are necessary to prevent or remedy any violation.
Sec. 12-62. Injunctive Relief and Civil Remedies.
(a) If a person has violated or continues to violate the provision of this article, the City may petition the appropriate court for a preliminary and/or permanent injunction restraining the person from activities which 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 initiate civil proceedings in any 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 Building Official.
Sec. 12-63. Liability.
Nothing contained in this article is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees, or agents, for any injury or damage resulting from the failure of an owner of property or land to comply with the provisions of this article, or by reason and in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this article, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this article by its officers, employees or agents.
Sec. 12-64. Construction of this Article.
This article shall not be construed to alter the terms of any lease or other agreement between a property owner and a tenant regarding a covered residential rental dwelling unit, except that no provision of such lease or other agreement shall be construed to excuse compliance with this article or with any other law or regulation of the City. It is not the purpose of this article to prescribe legal rights or liabilities as between an owner and a tenant.
Sec. 12-65. Severability.
Severability is intended throughout and within the provisions of this article. If any section, clause, sentence or phrase of this article is held to be invalid or unconstitutional by any court of competent jurisdiction, then such holding shall in no way affect the validity of the remaining portion of this article.
Section 2. Repealer Clause. All ordinances 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 IV of Chapter 12 of the Code of Ordinances of the City of Opelika shall be effective as of October 1, 2021, except that the provisions of Sections 12-51, 12-52, 12-53, 12-54, 12-55 and 12-56 shall become effective as of January 1, 2022.
Section 4. 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 The Opelika-Auburn News, a newspaper published in and of general circulation in the City of Opelika, Alabama.
ADOPTED AND APPROVED this the 21st day of September, 2021.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones CITY CLERK
TRANSMITTED TO MAYOR on this the 22nd day of September, 2021.
/s/ Russell A. Jones CITY CLERK
ACTION BY MAYOR
APPROVED this the 22nd day of September, 2021.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones CITY CLERK
Legal Run 09/30/21
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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA IN THE MATTER OF
THE ESTATE OF THEODORE ARMOUR, Deceased
Case No.: 2021-454
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Ardella Williams, Personal Representative on the 21st day of September, 2021, by Honorable Bill English, Judge of 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.
Ardella Williams
Legal Run 09/30/21, 10/7/21 & 10/14/21
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IN THE MATTER OF THE ESTATE OF CHARLES SOMERS DEAN, III Deceased
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2021-396
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 22nd day of September, 2021, 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.
NANCY BARRETT DEAN
Personal Representative
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 09/30/21, 10/7/21 & 10/14/21
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF SHIRLEY F. STOUGH, DECEASED
Case No.: 2021-485
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of Shirley F. Stough, deceased, having been granted to TANYA ALONGI on August 26, 2021, 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.
TANYA ALONGI
Legal Run 09/30/21, 10/7/21 & 10/14/21
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STATE OF ALABAMA
CASE NO. 2021-453
LEE COUNTY PROBATE COURT
ESTATE OF LAURIE LEIGH SOUTHERS WILLIAMS, DECEASED
NOTICE OF APPOINTMENT OF ADMINISTRATOR
Letters of Administration of the Estate of Laurie Leigh Southers Williams, deceased having been granted to W. Warner Williams, Jr. this 20th day of September 2021, 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.
W. Warner Williams, Jr., Personal Representative
Jeffery A. Hilyer
334-745-2564
Attorney at Law
P.O. Box 30
Opelika, AL 36803-0030
Legal Run 09/30/21, 10/7/21 & 10/14/21
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STATE OF ALABAMA
CASE NO. 2021-540
LEE COUNTY PROBATE COURT
ESTATE OF PAUL RANDY MOON, DECEASED
NOTICE OF APPOINTMENT OF ADMINISTRATOR
Letters of Administration of the Estate of Paul Randy Moon, deceased having been granted to Jacquelynn Hays Moon this 23rd day of September 2021, 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.
Jacquelynn Hays Moon, Personal Representative
Jeffery A. Hilyer
334-745-2564
Attorney at Law
P.O. Box 30
Opelika, AL 36803-0030
Legal Run 09/30/21, 10/7/21 & 10/14/21
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STATE OF ALABAMA CASE NO. 2021-533
LEE COUNTY PROBATE COURT
ESTATE OF WILLIAM FREDERICK WOODS, DECEASED
NOTICE OF APPOINTMENT OF PERSONAL REPRESENTATIVE
Letters Testamentary of said William Frederick Woods, deceased, having been granted to Lisa Ellen Greenway 23rd day of September, 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.
Lisa Ellen Greenway, Personal Representative
Legal Run 09/30/21, 10/7/21 & 10/14/21
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NOTICE OF MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Mortgage (the “Mortgage”) dated April 16th. 2021 executed by David A. May (the “Mortgagor”) in favor of John & Julia Smith (the “Mortgagees”), said Mortgage being recorded in the Office of the Judge of Probate of Lee County, Alabama in RLPY 4720, at Page 798; and
WHEREAS, John & Julia Smith, as Mortgagees and holders of the Mortgage, by reason of such default having declared all of the indebtedness secured by the Mortgage due and payable, and such default continuing, notice is hereby given that, acting under the power of sale contained in the Mortgage, holder will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Lee County Courthouse located at 215 South 9th Street, Opelika, Alabama 36801 on Thursday, September, 30, 2021 between the hours of 11:00 a.m. and 4:00 p.m., the following described property, commonly known as: 533 Lee Road 57, Lot 44, Auburn, situated in Lee County, Alabama, to wit:
Commence at the Southwest corner of Section 16, Township 20 North, Range 28 East, Lee County, Alabama, and thence run North 1°-25’ East, along the West boundary line of said Section 16; for a distance of 270 feet to the intersection of the West boundary line of said Section 16 with the Southeasterly margin of U.S. Highway #29; thence run North 44°-0’ East, along the Southeasterly margin of said Highway #29, for a distance of 375 feet; thence run North 48°-7’ East, along said margin of said Highway #29, for a distance of 678 feet to a point, which point is the point of beginning of the real property to be herein described and conveyed: From said point of beginning, thence run North 48°-7’ East, along the margin of said Highway #29, for a distance of 210 feet to a point; thence run South 41°-53’ east for a distance of 210 feet to a point; thence run South 48°-7’ West for a distance of 210 feet to a point; thence run North 41°-53’ West for a distance of 210 feet to the said point of beginning. Containing 1 acre, more or less. Also being part of the property conveyed in that certain deed from R.W. Thompson and Mary Thompson, who are now both deceased, to Hila Mae McKemie, who is the same person as Hilda Mae McKemie, dated September 24, 1952, and is of record in Deed Book 383, at page 445, in the Office of the Judge of Probate of Lee County, Alabama. Being the same property conveyed in that certain deed from Hila Mae McKemie and Ralph C. McKemie, wife and husband, to Robert Kenneth McKemie, John Marcus Smith and Julia Karen Smith, dated December 3, 1982, and is of record in Deed Book 1136, at Page 744, in the Office of the Judge of Probate of Lee County, Alabama.
THIS PROPERTY WILL BE SOLD ON AN “AS-IS”, “WHERE IS” BASIS AND WITH ALL FAULTS. THIS PROPERTY WILL ALSO BE SOLD SUBJECT TO ANY EASEMENTS, LEASES, ENCUMBRANCES, RESERVATIONS AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND ALL MATTERS CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF LEE COUNTY, ALABAMA. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED, AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
Payment terms are cash or cashier’s check (United States Dollars in immediately available funds) made payable to the Mortgagees on the date of the public sale.
Mortgagees reserve the right to bid for and purchase the aforementioned property and to credit its bid against the expenses of sale and the indebtedness secured by the Mortgage.
The public sale is subject to postponement or cancellation; contact Benjamin H. Parr at (334) 749-6999 prior to attendance.
This sale is made for the purpose of paying the indebtedness secured by the Mortgage as well as the expenses of collection and foreclosure.
JOHN & JULIA SMITH
Mortgagees
ATTORNEY FOR MORTGAGEES:
Benjamin H. Parr, Esquire
Benjamin H. Parr, P.C.
830 Avenue A, Suite A
Opelika, Alabama 36801
(334) 749-6999
LEGAL RUN 09/09/21, 09/16/21, 09/23/21 & 09/30/21
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INVITATION TO BID 21021
Sealed bids for the construction of the WESTSIDE WASTEWATER TREATMENT PLANT IMPROVEMENTS
shall be received at the Opelika City Hall 2nd Floor Conference Room, 204 South Seventh Street, Opelika, Alabama, until 2:00 p.m., local time on Monday, October 11, 2021, and then publicly opened and read aloud. Only bids from competent general contractors will be considered. The successful bidder must be a properly licensed general contractor. The attention of all bidders is called to the provisions of State law governing “General Contractors” as set forth in the Ala. Code §34-8-1, et. seq. (1975) and rules and regulations promulgated pursuant thereto. Bidders must be licensed by the Licensing Board for General Contractors when bids are submitted.
The Project consists of an expansion of a 4 MGD wastewater treatment plant to 6 MGD and is generally described as follows:
• Influent Bypass Structure
• Upgrade to influent pump station.
• Upgrade to headworks structure including new screening and grit equipment.
• Modifications to Splitter Box No. 1
• Cleaning and equipment demolition of Oxidation Ditch Nos. 1 and 2
• New mechanical aeration equipment for Oxidation Ditch Nos. 1 and 2
• New Oxidation Ditch No. 3
• Upgrade to return sludge pump station.
• Modifications to Splitter Box No. 2
• Cleaning and equipment demolition of Clarifier Nos. 1 and 2
• New clarifier equipment for Clarifier Nos. 1 and 2
• New Clarifier No. 3 and return sludge pump station
• Waste sludge pump replacement
A non-mandatory pre-bid conference will be held at 2:00 p.m. local time on September 8, 2021, at Opelika Public Works, 700 Fox Trail, Opelika, Alabama. A site visit to the Westside WWTP will follow the meeting. Attendance at the pre-bid conference is not mandatory.
Bids will be received for a single prime Contract. Bids shall be on a lump sum basis as indicated in the Bid Form. All bidders must submit with their proposal, contractor’s license number and a copy of the license. State law Ala. Code §34-8-8(b) requires all bids to be rejected which do not contain the contractor’s current license number. Evidence of this license shall be documented on the outside of the sealed bid. All bidders shall possess all other licenses and/or permits required by applicable law, rule or regulation for the performance of the work.
Bid documents may be obtained from the City’s website at www.opelika-al.gov/Bids.aspx. Any technical questions should be directed to the Public Works Director at 334-705-5413 located at 700 Fox Trail, Opelika.
The bidder’s proposal must be submitted on the complete original proposal furnished to him by the City of Opelika. All information in the proposal must be completed by the bidder for the proposal to be accepted.
A Bid Bond in the amount of five (5) percent of the bid amount made payable to the City of Opelika must accompany each bid. Performance and Payment Bonds for the full contract sum will be required of the successful bidder. The right is reserved by the Owner to reject all bids and to waive irregularities.
Envelopes containing bids must be sealed, marked, addressed as follows, and delivered to: Lillie Finley, Purchasing-Revenue Manager, City of Opelika, 204 South 7th Street, P.O. Box 390, Opelika, Alabama, 36803-0390. Attn: Westside Wastewater Treatment Plant Improvements
LILLIE FINLEY- PURCHASING REVENUE MANAGER CITY OF OPELIKA
204 SOUTH SEVENTH STREET (36801)
POST OFFICE BOX 390 (36803-0390) OPELIKA, ALABAMA
PH: (334) 705-5120
Legal Run 08/26/21, 9/16/21 9/30/21
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In The Probate Court Of Lee County Alabama
In Re: The Estate Of:
Alfred L. Ly les, a/k/a Alfred LeNard Lyles, Deceased
TAKE NOTICE that Letters Testamentary having been granted to: Annice Lyles Johnson, as Executrix of the Estate of: Alfred L. Lyles , a/ k/a Alfred LeNard Lyles , Deceased, on the 30th day of August, 2021 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 with in the time allowed by law of the same will be barred.
ANNICE LYLES JOHNSON
EXECUTRIX
Legal Run 09/16/21, 09/23/21 & 09/30/21
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