PUBLIC NOTICES

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IN THE PROBATE COURT OF LEE  COUNTY, ALABAMA

CASE NO. 2021-215

IN RE: THE ESTATE OF CHESTER DREW GOLDEN, DECEASED

NOTICE OF APPOINTMENT TO BE PUBLISHED BY EXECUTRIX

Letters Testamentary of said deceased having been granted to MELISSA CHAPMAN GOLDEN, on the 12th day of April, 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 4/22/21, 4/29/21 & 5/6/21

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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

In the Matter of: Gisela Lewis, an alleged incapacitated person

TO: Any relatives or interested parties: Lee County DHR has filed a Petition to appoint a Legal Guardian/Conservator for the person of Gisela Lewis. It is ordered that the 17 day of May, 2021, at 11:00 a.m. be appointed on the day on which to hear such petition, at the Lee County Courthouse, 915 South 9th St. Opelika, AL at which time all persons interested may file their notice of appearance and contest the said petition if they deem it proper. Done this the 15th day of April, 2021.

BILL ENGLISH

Probate Judge

Legal Run 04/22/21, 04/29/21 & 05/06/21

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ESTATE OF BETTY RUTH LEDBETTER, DECEASED

NOTICE OF APPOINTMENT

COURT OF PROBATE, LEE COUNTY

Letters Testamentary of said deceased having been granted to the undersigned on the 15th day of April, 2021, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given tat 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 15th day of April, 2021.

CRAWFORD RAY LEDBETTER, JR.

BRENDA FAYE LEDBETTER LUCAS

Legal Run 4/22/21, 4/29/21 & 05/06/21

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IN THE MATTER OF THE CONSERVATORSHIP OF LEWIS WARREN JOHNSON, A NON-COMPIS MENTIS (JENNIFER MARIE SHUMACK, CONSERVATOR AND LEGAL GUARDIAN)

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NO.:20215-218

NOTICE OF CONSERVATOR’S SETTLEMENT

Notice is hereby given that Jennifer Marie Shumack, the Conservator  of Lewis Warren Johnson, a non compos mentis, has filed in the Probate Court of Lee County, Alabama, the detailed accounts, vouchers and statements for final settlement of his conservatorship of Lewis Warren Johnson, covering the period from November 15, 2018 through January 1, 2021 and that the 18th day of May, 2021 at 10:00 o’clock a.m. has been appointed as the day for making said final settlement in this Court and that any person interested therein may appear and contest the same if he sees fit to do so.

This the 19th day of April, 2021.

BILL ENGLISH

JUDGE OF PROBATE

Robert H. Pettey

Samford & Denson, LLP

P.O. Box 2345

Opelika, AL 36803-2345

(334) 745-3504

Legal Run 04/22/21, 04/29/21 & 05/06/21

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“NOTICE OF LEGAL SERVICE: Michael W. Slocumb & Slocumb Law Firm, LLC.

Slocumb Law Firm, LLC. Has been sued in Tuscaloosa County Circuit Court by Raya Greenberger, Case No. 63-CV-2016-900531. Ms. Greenberger seeks money damages for legal malpractice from Slocumb Law Firm’s representation of her from 2012-2014. Slocumb Law Firm must file an answer on or before June 5, 2021 or default judgment will be sought. Yuri Linetsky, Plaintiff’s Counsel, Civil Law Clinic, (205)348-4960, Box 870392, Tuscaloosa, AL 35487.”

Legal Run 04/15/21, 4/22/21, 4/29/21 & 05/06/21

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STORAGE TREASURES AUCTION

ONE FACILITY – MULTIPLE UNITS

Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:

1412 Opelika Rd, Auburn, AL 36830 Thursday, May 6, 2021 at 10:00AM

Jason Pope – Unit Z412

464 Schaffer Rd

Boone, NC 28607

Household furniture, boxes, etc

The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.

Legal Notice 4/29/21 & 05/06/21

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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN RE:The estate of Lois Jacqueline Curtis, Deceased

Case No. 2021-238

TAKE NOTICE that Letters Administration having been granted to Tyra L. Burnam as Administratrix of the Estate of Lois Jacqueline Curtis, deceased, on the 19th day of April, 2021.

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same be barred.

Tyra L. Burnam, Administratrix

of the Estate of Lois Jacqueline Curtis, Deceased

Legal Run 04/29/21, 05/06/21, 5/13/21

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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

CASE NO.2021-232

IN THE MATTER OF THE ESTATE OF     

BRIAN LEWIS BENSON, DECEASED

PERSONAL REPRESENTATIVE’S NOTICE TO FILE CLAIM Letters Testamentary as Personal Representative of the Will of BRIAN LEWIS BENSON,  deceased,  having  been granted  to the  undersigned  on the 19th day of April 2021, by the  Honorable Bill English, Judge of Probate of said County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law, or the same will be barred.

THOMAS BENSON

Personal Representative

George M. Barnett

Attorney for Petitioner

431 Gunter Avenue Guntersville, AL 35976
Legal Run 4/29/21, 05/06/21 & 5/13/21

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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN RE: The Estate of Carl Wayne Ethridge, Deceased

Case No: 2021-201     

NOTICE OF APPOINTMENT OF ADMINISTRATION TO BE PUBLISHED

Letters of Administration on said deceased having been granted to Reba Ethridge, Administrator on this the 8th day of April,  2021, by the Honorable Bill English, Judge of 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.  BY: James E. Hall, Attorney for Administrator.

Legal Run 4/29/21, 05/06/21 & 05/13/21

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IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

IN RE:  THE MARRIAGE OF

JENNIFER NICOLE EVERAGE,Plaintiff,

vs.           

LIONEL KEITH EVERAGE, Defendant,

CASE NO.: DR-2021-900101.00

NOTICE OF DIVORCE ACTION

Lionel Keith Everage, whose whereabouts are unknown, must answer Jennifer Nicole Everage’s Petition for Divorce and other relief by the 21st day of June, 2021, or thereafter a judgment by default may be rendered against him in Case No. DR-2021-900101.00, Circuit Court of Lee County, Alabama.

DONE this the 21st day of April, 2021.

Mary Roberson

CIRCUIT CLERK

LEE COUNTY CIRCUIT COURT

Legal Run Dates: April 29, 2021, May 6, 2021, May 13, 2021 and May 20, 2021

LAST DAY TO ANSWER: June 21st 2021

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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN THE MATTER OF: CARROLL EUGENE GRIDER, Deceased

Case No: 2021-235

NOTICE TO CREDITORS

Letters Testamentary of said deceased having been granted to Tammy Lea Grider Clark, Personal Representative on the 19th day of April, 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.

Tammy Lea Grider Clark

Legal Run 04/29/21, 05/06/21 & 05/13/21

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IN RE THE ESTATE OF: VALDA S. MASSEY, Deceased.
IN THE   PROBATE COURT OF LEE COUNTY, ALABAMA

CASE NO.2021 – 225 NOTICE OF APPOINTMENT
LETTERS TESTAMENTARY of said deceased having been granted to

the undersigned on the 19th day April, 2021, by Hon. Bill English, Judge of  the Probate Court of Lee County, Alabama, notice is hereby give n that all   persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.
CAROL SUE NASH, Executrix

Legal Run 4/29/21, 05/06/21 & 05/13/21

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STATE OF ALABAMA
CASE NO. 2021-218

LEE COUNTY PROBATE COURT

ESTATE OF EVELYN LOUISE WILLIAMS, DECEASED

NOTICE OF APPOINTMENT OF ADMINISTRATOR

Letters of Administration of the Estate of Evelyn Louise Williams, deceased having been granted to Herbert M. Williams this 20th day of April 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.

Herbert M. Williams, Personal Representative

Jeffery A. Hilyer         

334-745-2564

Attorney at Law

P.O. Box 30

Opelika, AL 36803-0030

Legal Notice 04/29/21, 05/06/21 & 05/13/21

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ESTATE OF CECIL EDWARD BENNETT, DECEASED
NOTICE OF APPOINTMENT
COURT OF PROBATE, LEE COUNTY

Letters Testamentary of said deceased having been granted to the undersigned on the 23rd day of April, 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 the time allowed by law or the same will be barred.
Witness our hands, and dated this the 23rd day of April, 2021.
THOMAS CRISWELL

Legal Run 4/29/21, 05/06/21 & 05/13/21

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IN THE PROBATE  COURT FOR LEE COUNTY, ALABAMA

IN THE MATTER OF ZHENGZHENG WU, Deceased
Case No.: 2021-131
NOTICE TO CREDITORS

Take Notice that LETTERS OF ADMINISTRATION of said deceased having been granted to JOSEPH MAJDALANI on the 21st day of April , 2021 by the Honorable Bill English, Judge of Probate Court of Lee County, Alabama.

Notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be ba rred.

JOSEPH MAJALANI

Legal Run 4/29/21, 05/06/21 & 05/13/21

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Notice of auction of abandoned vehicles. Best 4 Less Inc. will be auctioning off the below mentioned vehicles on Friday, May 28,2021. This Auction will be held at 2509 Lafayette Parkway, Opelika, Alabama, 36801 at 10:00 a.m. If you have any questions inNregards to either of the vehicles please give call at 334-705-0000.

VEHICLES 

Year: 2007

Make: BUICK

Model:  LACROSSE

VIN#: 2G4WE587271191828

Year: 2000

Make: FORD

Model: EXPLORER

VIN#: 1FMYU60E1YUB02932

Year: 2000

Make: FORD

Model: EXPLORER
VIN#: 1FMZU61E1YUB64303

Legal Run 04/29/21 & 05/06/21

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Notice of auction of abandoned vehicles. Best 4 Less Inc. will be auctioning off the below mentioned vehicles on Thursday, May 27,2021. This Auction will be held at 2509 Lafayette Parkway, Opelika, Alabama, 36801 at 10:00 a.m. If you have any questions inNregards to either of the vehicles please give call at 334-705-0000.

VEHICLES 

Year: 2001

Make: Jeep

Model:  Grand Cherokee

VIN#: 1J4GX48571C540866

Year: 2001

Make: SATURN

Model: SEDAN

VIN#: 1G8ZH52891Z291878

Year: 2003
Make: Toyota
Model: Hatchback
VIN#: 2T1LR32E63C073722

Year: 2013
Make: Ford
Model: Fusion
VIN#: 3FA6P0H71DR129206

Legal Run 04/29/21 & 05/06/21

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Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:

1242 N. Dean Rd, Auburn, AL 36830 Thursday, May 6th, 2021, at 10:00AM

Summer Copes

25244 Anderson Estates LOT 15

Opp, AL 36467

bedroom set couch boxes

The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction.  Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.

Legal Run 04/29/21 & 05/06/21

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In the Matter of the Estate of Peggy Jenkins Morrison, Deceased

In the Probate Court of Lee County, Alabama

Case No. 2021-227

NOTICE OF APPOINTMENT TO BE PUBLISHED BY PERSONAL REPRESENTATIVE

Letters Testamentary of said deceased having been granted to the undersigned on the 19th day of April, 2021, by the Honorable Bill English, Judge of Probate Court for Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.

BILL ENGLISH

PROBATE JUDGE

Legal Run 4/29/2021, 05/06/2021 & 05/13/2021

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IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

Case No.: CV-2021-900127

HARDWOOD, LLC, Plaintiff,

v.

A Parcel of Real Property described as: 

From the Southeast corner of Section 9,

Township 17 North, Range 27 East, Lee County

Alabama, run thence North 00° 01’ West

1319.41 feet; thence South 88° 00’ 26” West,

382.18 feet; thence North 19° 51’ 22” West 20.6

Feet; thence North 89° 07’ 04” West 278.54 feet;

thence North 02° 11’46” West 743.69 feet;

thence South 74° 51’ 38” West along the

Northerly margin of dirt road 367 feet to the

point of beginning of the parcel of land here

described and conveyed: From said point of

beginning, continue thence South 74° 51’ 38”

West along said margin of said road 145 feet;

thence leaving said road, run North 02° 11’ 46”

West, 300 feet; thence North 74° 51’ 38” East,

145 feet; thence South 02° 11’ 46” East, 300 feet

to the point of beginning, containing one (1)

acres more or less.

And Mary Jackson, and/or the unknown heirs

Of Mary Jackson,

And

Fictitious Defendants A, B, C, D, E, F & G,

Being Persons, Individuals, Firms, Associations,

Partnerships, Corporations or other Entities,

Whose names are otherwise unknown to the

Plaintiff, but who claim interest in and to the

above-captioned parcel of land, and whose

correct names and legal identities will be added

by Amendment when ascertained,

                Defendants.

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 21st day of April, 2021, a Complaint to Quiet Title was filed in the Circuit Court of Lee County, Alabama, and the following are the names of all parties to the action: Hardwood, LLC, as Plaintiff;  A Parcel of Real Property, described below, as Defendant; and unknown persons or entities who cannot be ascertained after the exercise of due diligence, and which are believed to have claimed some right, title, interest or claim in and to the property described herein.
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 21st day of April, 2021.                           

/s/ Mary Roberson

Mary Roberson

Circuit Court Clerk, Lee County

J. Brandon Rice

Of Counsel,

Davis, Bingham, Hudson & Buckner, P.C.

324 East Magnolia Avenue

Auburn, AL 36830

Legal Run 05/06/21, 05/13/21, 05/20/21 & 05/27/21

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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF ROBERT NAIRN VANBENTHUYSEN, DECEASED

CASE NO.: 2021- 187

NOTICE TO CREDITORS

Take Notice that Letters Testamentary of said deceased having been granted to Melisa V.  Love and Kristina J Bartsch on the 2nd day of April, 2021, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.

Notice is hereby given to 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.

J. TUTT BARRETT

P.O. Box 231

Opelika, AL 36803-0231

Legal Run 05/06/21, 05/13/21 & 05/20/21

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN RE:THE ESTATE OF CLARENCE P. WRIGHT, DECEASED.    TAKE NOTICE that Letters Testamentary having been granted to Tracy Wright, as Executrix of the Estate of Clarence P. Wright, deceased, on the 28th day of April, 2021, 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.

Tracy Wright, Executrix Of the Estate of Clarence P. Wright, Deceased

Marrell J. McNeal, Attorney at Law, PC

PO Box 308

Opelika, AL  36803

334-745-7033

Legal Run 05/06/21, 05/13/21 & 05/20/21

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ORDINANCE NO. 008-21

ORDINANCE AMENDING ARTICLE IV OF CHAPTER 7 OF THE

CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA

WHEREAS the regulation of stormwater run-off discharge from land development activities in order to control and minimize increases in stormwater run-off rates and volumes, soil erosion, stream channel erosion and non-point source pollution associated with stormwater run-off is in the public interest and will minimize threats to the public health and safety; and

                WHEREAS regulation by means of post-construction performance standards and wastewater management will produce development compatible with the natural functions of a particular site or on an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development; and

WHEREAS the City Council finds and determines that it is necessary to amend Article IV of Chapter 7 of the Code of Ordinances relating to post-construction stormwater management.

                NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Opelika, Alabama, as follows:
Section 1.  Amendment to Section 7-102.  That Section 7-102 of the Code of Ordinances (the “Code”) is hereby amended by adding the following definitions in the appropriate alphabetical order:

“City” shall mean the City of Opelika, Alabama.
“Maintenance Agreement” or “Stormwater Maintenance Agreement” shall mean a legally recorded document that acts as a property deed restriction, and which provides for longer term maintenance of storm water management practices.
“New Development” shall mean a land development project undertaking on a previously undeveloped or unimproved site.
“Owner” shall mean the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.
“Person” shall mean, except to the extent exempted from this article, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.
“Re-Development” shall mean the expansion, renovation, rebuilding, demolition and construction or other further improvement of any previously improved tract, lot or parcel of land, or combination of contiguous tracts, lots or parcels of land which are in one ownership, or which are owned by one or more parties, are proposed or planned as a valid subdivision, or project. “Previously improved” includes, but is not limited to, the prior placement, construction, and/or demolition of buildings, roadways, sidewalks, parking areas and other areas of concrete, asphalt, gravel, packed gravel or other material on the subject tract(s), lot(s) or parcel(s).
“Site” shall mean the parcel of land being developed, or the portion thereof, on which the land development project is located.
“Stormwater Management Facilities” shall mean constructed or natural components of a stormwater drainage system, designed to perform a particular function, or multiple functions, including, but not limited to pipes, swells, ditches, canals, wetlands, culverts, street gutters, detention basins, floodplain areas, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins, natural and modular pavement.
“Stormwater Management System” shall mean the system of roadside drainage, roadside curbs and gutters, curb inlets, swales, catch basins, manholes, gutters, ditches, pipes, lakes, ponds, sinkholes, channels, creeks, streams, storm drains, post-construction work practices and similar conveyances and facilities, both natural and manmade, located on the development site which are designated for use collecting, storing or conveying storm water, or through which storm water is collected, treated, stored or conveyed, whether owned by the authority or other person.
“Stormwater Management Plan” or “Plan” shall mean a written, detailed set of documents, narratives and maps containing the proposed design, design calculations, construction specifications, affidavits and reports of the individual and collective water drainage systems and post-construction stormwater practices on a specific, proposed land development subject to this article.

Section 2.  Amendment to Section 7-104.  That Section 7-104 of the Code shall be amended to read as follows:

Sec. 7-104  Post-construction requirements for new development and re-development
(a)             The developer, landowner, or authorized representative shall develop and implement post-construction strategies for new development and redevelopment that include, at a minimum, a combination of structural and/or non-structural BMPs designed to require, to the maximum extent practicable, that the volume and velocity of predevelopment stormwater runoff is not significantly exceeded as determined by the authority. Said combination of post-construction strategies shall be designed to function during a rainfall with intensity up to that of a two (2) year twenty-four (24) hour storm event. This section shall require that responsible maintenance be performed, and the responsibility is assigned to the entity that develops, owns, or manages said grounds and is transferable to the next owner, tenant, or entity or HOA for responsible perpetual care. The developer or landowner is prohibited from removing, relocating or modifying the storm water facilities located on the property without the prior approval from the City. This includes all structures, improvements, vegetation, pipes. channels or other appurtenances built as part of design and function to treat stormwater before it leaves said property. The authority shall be provided a legally enforceable agreement that assigns permanent responsibility for post BMP maintenance of structural or treatment control management practices.

(b)            Prior to the issuance of a permit, the developer or landowner shall prepare and submit to the authority a post-construction stormwater management plan (the “Plan”) showing in general, how post-construction stormwater runoff will be managed on the development site. Post-construction strategies/plan may be incorporated into permittee’s BMP plan filed with the authority or in a separate document. Said post-construction strategies/plan shall be reviewed, approved, and updated pursuant to the same requirements as those of the permittee’s BMP plan. The preliminary or initial plan shall include strategies for post-construction inspection, operation, and maintenance and shall be incorporated into permittee’s pre-project approval, with a statement of inspection/maintenance responsibilities that are transferable to subsequent owners, operators, or HOA who will be responsible for perpetual maintenance.

(c)             Permittee’s post-construction strategies/plan must show proposed final site conditions and describe how the volume and velocity of stormwater leaving the site will be managed after construction is complete to require, to the maximum extent practicable, that it does not significantly exceed the volume and velocity of pre-construction stormwater runoff.
Before a developer/owner/entity shall give/transfer or legally hand over day-to-day maintenance or operations of roadways, sidewalks common areas, detentions or stormwater device(s), the active performance security and maintenance bond(s) shall cover incomplete items stated above. This stipulation is also enforced in the Opelika Subdivision Regulations.  This Performance Security shall be 125% of the actual cost of the remaining items as determined by a certified and/or licensed professional for a term of two years.

(d)            Upon completion, permittee shall file with the authority a certified copy of as-built drawings of any permanent post-construction practices implemented at the site. Such filing shall demonstrate, to the maximum extent practicable, that final post-construction site conditions comply with subsection (a). The authority may also require permittee to provide a method of funding to be established or provided to ensure the long-term maintenance of any post-construction BMPs.

(e)             Maintenance of all stormwater facilities shall be ensured to the creation of a formal maintenance agreement that must be approved by the authority and recorded in the Lee County Probate Office.  The maintenance agreement shall include the following information:

(1)            Identification by name or official title. The person(s) for responsible for carrying out the annual inspection and maintenance.
(2)            A statement containing the responsibility for maintenance of the stormwater management system unless assumed by the authority.
(3)            A provision stating that, if portions of the development site are sold or otherwise transferred, legally binding arrangements shall be made to pass responsibility for the operation and maintenance of the stormwater management system to the appropriate successors in title; these arrangements shall designate for each portion of the stormwater management system the person(s) to be permanently responsible for inspection and maintenance.
(4)            A maintenance schedule stating when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management system.
(5)            Plans for annual inspections to ensure proper performance of the stormwater management system between scheduled maintenance activities.
(6)            The agreement shall provide for access to the stormwater management system and the land it serves at reasonable times for annual periodic inspection by the authority or authority’s designee and for regular or special assessments of property owners to ensure the stormwater management system is maintained in proper working order to meet the authority’s stormwater requirements.

If the responsible party named in the recorded maintenance agreement is a homeowner’s association or other owner’s association, such as a unit owner’s association, the responsible party shall submit to the authority a copy of a recorded declaration that provides:
(1)            That the stormwater management practices are part of the common elements of the development site and shall be subject to the requirements of the stormwater management system maintenance agreement and annual inspection plan.
(2)            That membership in the association shall be mandatory and automatic for all homeowners or unit owners of the development site and their successors.
(3)            That the association shall have a lien authority to ensure collection of all dues from members.
(4)            That the requirements of the maintenance agreement and plan shall receive the highest priority for expenditures by the association except for any other expenditures that are required by law to have a higher priority.
(5)            That a separate fund shall be maintained by the association for the routine maintenance, reconstruction and repair of the stormwater management system and kept in an account insured by the Federal Deposit Insurance Corporation or another entity acceptable to the authority.
(6)            That the routine maintenance, reconstruction and repair fund shall contain at all times the dollar amount reasonably determined from time-to-time by the authority to be adequate to pay for the probable reconstruction and repair cost (but not routine maintenance cost) of the stormwater management system for a three-year period.
(7)            That to the extent permitted by law, the association shall not enter into voluntary dissolution unless responsibility for the stormwater management system is transferred to an appropriate successor. The permittee shall require the developer/owner/operator to keep records of post-construction BMP inspections, maintenance activities for a period of five (5) years and make them available to the authority upon request.

Section 3.  Amendment to Section 7-104.1.  That Article IV of the Code is hereby amended by adding Section 7-104.1, which section shall read as follows:

Sec. 7-104.1               Existing locations and developments. 

(a)             Requirements for all existing locations and developments. The following requirements shall apply to all locations and developments in which land disturbing activities have occurred subsequent to the enactment of this article.
(1)            Denuded areas must be vegetated or covered under the standards and guidelines specified in the BMP Manual and on a schedule acceptable to the authority.
(2)            Cuts and slopes must be properly covered with perennial or permanent vegetation and/or retaining walls constructed.
(3)            Drainage ways shall be properly covered in vegetation or secured with rip rap, channel lining, etc., to prevent channel or outfall erosion.
(4)            Trash, junk, rubbish, etc., shall be cleared from drainage ways
(5)            Stormwater run-off shall be controlled to prevent pollution of local waters. Current control measures may include, but are not limited to the following: 
(i)             Ponds. 
(a)             Detention pond
(b)            Extended detention pond
(c)             Wet pond.
(d)            Alternative or underground storage methods.
(ii)            Constructed wetlands.
(iii)           Infiltration System.
(a)             Infiltration/percolation trench
(b)            Infiltration basin.
(c)             Drainage (recharge) well.
(d)            Porous pavement.

(iv)           Filtering Systems.
(a)             Bioretention area/rain garden
(b)            Catch basin insert/media filter.
(c)             Sand filter.
(d)            Filter/absorption bed
(e)             Filter and buffer strips.

(v)            Open Channel:
(a)             swales, diversions.
 (b)           Requirements for existing problem locations.  When the authority becomes aware of a problem location, the authority shall, in writing, notify the owners of existing locations and developments of specific drainage, erosion or sediment problems affecting such locations and developments and the action required to correct those problems. The notice shall also specify reasonable time for compliance.
(c)             Inspection of existing facilities. The authority may, to the extent authorized by state and federal law, establish inspection programs to verify that all stormwater management facilities, including those built before as well as after the adoption of this article, are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based on complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of potential contaminants or pollutants or with discharges of a type which may more likely than the typical discharge to cause violations of the authority’s NPDES stormwater permit and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater and material or water drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs.
(d)            Correction of problems subject to appeal. Corrective measures imposed by the authority under this section are subject to appeal.

Section 4.  Amendment to Section 7-105.   That Section 7-105 of the Code shall be amended to read as follows:
Sec. 7-105. – Inspections.

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(a)             As described in the current Opelika SWMP, all stormwater management facilities must undergo, at a minimum, an annual inspection to document maintenance or repair needs to ensure that post-construction BMP’s are functioning as designed. The permittee must carry out all applicable inspection requirements set out in ADEM’s applicable regulations and NPDES construction general permit. The permittee shall require the developer/owner/operator to keep records of post-construction BMP inspections, maintenance activities for a period of five (5) years and make them available to the authority upon request.
(b)            The authority or its designated agent retains the right to enter property upon which any land disturbing activities are being conducted to carry out its own inspections, investigations, monitoring, observations, sampling, enforcement, and/or to address any complaint. Furthermore, the authority or its designated agent retains the right to enter property upon which any post-construction strategies have been implemented pursuant to the requirements of this article to carry out its own inspections, investigations, monitoring, observations, sampling, enforcement, and/or to address any complaint in ascertaining whether practices are maintained.  Prior to conducting any of the aforementioned activities, the representative(s) of the authority will notify the permittee or an authorized representative at the site, of their presence and anticipated activities on the site. The authority will conduct any such inspection activities at reasonable times, provided however that if the authority has reasonable cause to believe that discharges from land disturbing activities to the MS4 may cause an imminent threat to human health or the environment, inspection of a site may take place at any time and without notice to the permittee, or an authorized representative at the site.

Whenever information from a permittee, site owner, and/or an authorized representative at a site is requested by the authority, said parties may identify certain documents, materials, and/or processes that contain trade secret(s), the inspection of which could potentially jeopardize such trade secret. If the authority has no clear and convincing reason to question the proprietary assertion, omission of such materials, documents and/or processes will be noted by the authority. To the extent practicable, the authority will protect all information which is designated as a trade secret by the permittee, site owner or an authorized representative.
(c)             The authority may seek appropriate legal remedies from any court with competent jurisdiction over the site for any wrongful refusal by a permittee, site owner, and/or authorized representative to allow the authority to enter and/or continue an inspection on a site. If a court grants a remedy to the authority, the site owner must reimburse the city all costs and expenses incurred in obtaining such a remedy.

Section 5.  Amendment to Section 7-106.   That Section 7-106 of the Code shall be amended to read as follows:

Sec. 7-106. – Post-Construction Maintenance and Integrity.
(a)             It shall be the responsibility of the owner(s) of land developments to:
(1)            at all times operate and maintain individual and collective stormwater drainage systems and post-construction stormwater practices located on their land development, whether or not such systems and practices are identified on the property’s plat, in proper and functional condition as defined by the approved stormwater management plan.
(2)            at all times protect said systems and practices from alteration that adversely impacts their function as indicated by the approved stormwater management plan.
(3)            perform corrective actions when conditions that can or do occur adversely impact the function of said system and practices, whether said actions are undertaken voluntarily by the owner or required by the City Engineer.
(4)            keep records of maintenance activities for a period of at least five (5) years and make them available to the City Engineer upon request.
(5)            take all reasonable steps to remove, to the maximum extent practicable, pollutants deposited off-site or in an MS4 conveyance structure.
(b)            Removal of said systems and practices or the alteration in any way that adversely impacts their approved function and performance standard, without the prior approval of the City Engineer, is expressly prohibited.
(c)             The responsibilities stated herein shall continue for the owner(s) of land developments until such time as ownership of the property is transferred upon which these responsibilities are immediately transferred to the subsequent owner.

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Section 6.  Amendment to Section 7-107.   That Section 7-107 of the Code shall be amended to read as follows:
Sec. 7-107. Enforcement, Generally

(a)             This article authorizes the following stormwater and non-stormwater discharges: Discharges authorized by, and in compliance with, any separate NPDES permit, discharges from fire-fighting activities; fire hydrant flushing’s; waters used to wash vehicles where detergents are not used; water used to control dust; potable water including uncontaminated water line flushing’s not associated with hydrostatic testing; routine external building wash down associated with construction that does not use detergents; pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; uncontaminated air conditioning or compressor condensate associated with temporary office trailers and other similar buildings; uncontaminated ground water or spring water; foundation or footing drains where flows are not contaminated with process materials such as solvents; and landscape irrigation. Furthermore, the use of non-phosphate soap is required by the authority.
(b)            All discharges not explicitly authorized by this article are prohibited. Any discharge to the MS4 made in violation of this article or of any condition of a permit issued pursuant to this article shall be subject to correction and/or abatement in accordance with applicable law.

(c)             The state’s phase II MS4 NPDES permit allows the authority to rely upon ADEM for the enforcement of certain violations of this article. The authority hereby expresses its intent to rely upon ADEM for enforcement of violations of this article, as allowed [in] the state’s phase II MS4 NPDES if and only if the enforcement by the authority becomes futile and a not effective method of resolving a violation of the current ordinances, and thus agrees to promptly notify ADEM upon observing evidence of any known or suspected violations. Furthermore, no enforcement action will be taken by the authority for a violation of the terms of this article if any of the following has occurred:

(1)            ADEM has issued a notice of violation with respect to the same alleged violation and is proceeding with an enforcement action with respect to such alleged violation.

(2)            ADEM has issued an administrative order with respect to the same alleged violation and is proceeding with an enforcement action with respect to such violation; or

(3)            ADEM has commenced, and is proceeding with, an enforcement action, or has completed any other type of administrative or civil action, with respect to such alleged violation.

Any determination or resolution made by ADEM with respect to an alleged violation shall be final, and the alleged violation will not be made the subject of any additional enforcement action by the authority for any alleged violations of this article and/or provisions of any permit issued pursuant to this article. However, for violations that have not been appropriately corrected and/or abated pursuant to ADEM’s enforcement action, an enforcement action may be pursued by the authority.
(d)            Notwithstanding any other provision in this article to the contrary, in the event of an immediate threat to the public health or welfare, the authority may take all appropriate measures to remove or alleviate such threat.
(e)             In the event of any accidental discharge of a hazardous substance or a significant spill of a hazardous substance to the MS4 which could constitute a threat to human health or the environment, the permittee of the site shall give notice to the authority and the local emergency management authority in the same manner and within the same time as is required by state regulations for notice to ADEM.

Absent a compelling public interest to the contrary, it shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the business or activity of the site, or any project or facility thereon, to maintain water quality and minimize any adverse impact that the discharge may cause.

(f)             Whenever the authority finds that any person is in violation of any provision of this article and fails to take corrective action within the specified time, the authority may proceed with the following enforcement action:

(1)            Stop-work order, revocation of local approvals. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this policy. In the event that any person holding a permit or approval pursuant to this policy violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the authority may suspend or revoke the said approval.

(2)            Compliance order. When the authority finds that any person has violated, or continues to violate, this article, it may issue a compliance order to the violator, directing that, within a specified time period, adequate structures and devices be installed, or procedures implemented, and properly operated, or other action be taken, to remedy such violation. Compliance orders may also contain such other requirements as may be reasonably necessary and appropriate to address such violation, including the construction of appropriate structures, installation of devices and self-monitoring and management practices.

(3)            Cease and desist orders. When the authority finds that any person has violated, or continues to violate, this article or any order issued under this article in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood; the authority may issue an order to such person to cease and desist all land disturbance activities immediately, and direct such person in violation of this article to:

a.              Comply with this article forthwith; or

b.             Take such appropriate remedial or preventive action as may be required to address properly a continuing or threatened violation of this article.

Section 7.  Amendment to Section 7-108.   That Section 7-108 of the Code shall be amended to read as follows:
Sec. 7-108. – Warning Notice.
(a)             When the City Engineer determines that any person has violated or continues to violate any provision of this article or any order issued hereunder, the City Engineer may serve upon that person a written warning notice specifying the particular violation believed to have occurred and requesting that the person immediately investigate the matter and seek a resolution whereby any offending condition will cease. The City Engineer may also include a description of the corrective action(s) he/she deems necessary to resolve the offending condition. 

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(b)            The notice shall set forth a deadline of (for example thirty (30) days) by which a written response to the warning notice must be received indicating the person’s plan for corrective action whether said actions are designated by the City Engineer or determined by the person, and the time by which such plan shall be completed.

(c)             Investigation, corrective actions and other resolutions of the offending condition in response to the warning notice does not relieve the violator or liability for any violations occurring before or after the receipt of the warning notice. (i) Nothing in this section shall limit the authority of the City Engineer to taking any action including notice of violation, emergency action or other enforcement action without first issuing a warning notice.

Section 8.  Amendment to Section 7-109.    That Section 7-109 of the Code is hereby amended to read as follows:

Sec. 7-109. Notice of Violation.

(a)             Whenever the City Engineer finds a violation of a prohibition or a failure to meet a requirement of this article or any failure to comply with a warning notice, the City Engineer may order compliance by written notice of violation.

(b)            The notice of violation shall contain:

(1)            The name and address of the alleged violator, property owner, and/or operator.

(2)            The address of the premises when available, or a description of the building, structure, land, individual and collective stormwater drainage system and/or post-construction stormwater practice upon which the violation is occurring or has occurred.

(3)            A statement specifying the nature of the violation.

(4)            A description of the corrective actions necessary to restore compliance with this article and a deadline for the completion of said actions.

(5)            A statement of the penalty or penalties that shall be assessed against the person to whom the notice is directed.

(6)            A statement that the determination of violation may be appealed to the City Council, by filing a written notice of appeal with the City Engineer within ten (10) business days of service of notice of violation.

(7)            A statement specifying that, should violator fail to restore compliance with this article within the established time schedule, the work will be done by the authority or a contractor and the expense thereof shall be charged to the violator as allowed hereunder and collected as allowed by law. Each act or violation and/or each day upon which a violation shall occur or continue shall constitute a separate offense.

(c)             Such notice shall require without limitation:

(1)            The performance of monitoring, analysis and reporting

(2)            Application for permits and payments of associated permit fees and/or the preparation of design plans.

(3)            Vegetative restoration, structure restoration, repair or other combination of individual and collective stormwater drainage systems and post-construction stormwater practices.

(4)            Vegetative stabilization, restoration, repair, enhancement or other improvement of areas that drain to individual and collective stormwater drainage systems and post-construction stormwater practices that are, or may be in the future, adversely impacted by the offending condition.

(5)            The abatement or remediation of stormwater pollution or contamination hazards and restoration of any affected system, practice or affected area.

(6)            The design and installation of new individual and collective stormwater drainage systems and post-construction stormwater drainage practices.

(7)            That violating discharges, practices or operations shall cease and desist.

(8)            The implementation of, or repair of, systems or practices to correct the violation.

(9)            Payment of an amount equal to twice any administration and remediation costs borne by the City of Opelika, including cost to administer and execute remedial actions and repair damages that have occurred on public property or on local waterways as a result of said violations.

(d)            The failure of any person to comply with any lawful notice to implement corrective actions issued by the City Engineer, which has not been appealed within the time allowed herein, shall be deemed a violation of this article.

Section 9.  Amendment of Section 7-110.       That Section 7-110 of the Code shall be amended to read as follows:

Sec. 7-110. Variance.

(a)             The City Engineer may grant a variance from the requirements of this article if there exists exceptional circumstances applicable to a site such that strict adherence of the provisions of this article will result in unintended consequences. The applicant shall prepare a written request for a variance stating the specific variance sought and the reasons with supporting data, for granting such variance. This request shall include descriptions, drawings, calculations and any other information necessary to evaluate the proposed variance.  The City Engineer will review the submitted material and make a written determination to approve or disapprove the application within ten (10) working days after receipt of such a request.

Section 10. Adoption of New Section 7-111.    That Article IV of Chapter 7 of the Code is amended by adding a new section to be numbered Section 7-111, which said section shall read as follows:

Sec. 7-111. Appeal of Notice of Violations.

All rulings, requirements, decisions or interpretations of the City Engineer shall be final and binding upon all parties thereto unless properly appealed to the City Council.  Any person receiving a notice of violation and wishing to appeal the same shall file written notice in the office of the City Clerk within ten (10) days from the date of the notice of violation. Hearing on the appeal to the City Council shall be held within thirty (30) days from the date of the filing of the notice of appeal.  The decision of the City Council shall be binding.

Section 11. Adoption of New Section 7-112.    That Article IV of Chapter 7 of the Code is amended by adding a new section to be numbered Section 7-112, which said section shall read as follows:

Sec. 7-112. Enforcement Measures After Appeal.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within fifteen (15) days of an issuance of a determination by the City Council upholding the decision of the City Engineer, then the City Engineer shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the authority, the City Engineer or any City-designated contractor to enter upon the premises for the purposes set forth above.

Section 12. Adoption of New Section 7-113.    That Article IV of Chapter 7 of the Code is amended by adding a new section to be numbered Section 7-113, which said section shall read as follows:

Sec. 7-113. Cost of Abatement of Violation.

Within thirty (30) days of abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If full payment of the cost is not received within fifteen (15) days of the owner’s original receipt of notification of the cost due and owing, the cost shall be presented to the City Council for assessment as a lien on the property.  The City Council may assess the owner of the facility for the cost of the repair work which shall be a lien on the property.

Section 13.                 Adoption of New Section 7-114.    That Article IV of Chapter 7 of the Code is amended by adding a new section to be numbered Section 7-114, which said section shall read as follows:

Sec. 7-114. Emergency Abatement.

(a)             The City Engineer is authorized to require immediate abatement of any violation of this article that is reasonably believed to be an immediate threat to the health, safety or well-being of the public.

(b)            When the City Engineer finds that any person has violated, or continues to violate, any provision of this article, and that person’s violation(s) has (have) caused or contributed to an actual or threatened discharge of stormwater, which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City Engineer may issue an order to the violator to immediately cease and desist all such violations and to:

(1)            Immediately comply with all ordinance requirements

(2)            Take such appropriate actions as may be needed to properly address a continuing and threatened violation

(c)             Any person notified of an emergency order directed to it under this section shall immediately take steps to comply and implement corrective actions.

Section 14. Adoption of New Section 7-115.    That Article IV of Chapter 7 of the Code is amended to add a new section to be numbered Section 7-115, which section shall read as follows:

Sec. 7-115. Violations and Penalties.

It shall be unlawful for any person to violate any provision of, or fail to comply with, any requirement of this article. Any person that has violated, or continues to violate, this article shall be subject to one or more of the following enforcement actions:

(a)             Upon conviction, the violator shall be subject to a fine of not greater than $500.00 and/or imprisonment for a period of time not to exceed six (6) months for each violation. Each act of violation and/or each day upon which any violations shall occur or continue to occur shall constitute a separate offense.

(b)            All permit fees will be doubled if construction of the stormwater drainage system begins before a permit is issued. Violators shall perform corrective actions at their own expense for construction begun prior to issuance of the permit that does not ultimately conform to the approved stormwater management plan.

(c)             Permit holders shall be required to perform corrective actions at their own expense if the City Engineer determines that the stormwater drainage plan does not conform to the record drawing, or is not functioning, or will not function, in proper operating condition during a precipitation event.

(d)            Failure to pay permit fees may result in the withholding of a certificate of occupancy for the applicable land development or the withholding of any permit approvals or determinations on the applicable development and/or other land developments permitted in the permit holder’s name.

(e) Failure to establish permanent perennial vegetation may result in the withholding of a certificate of occupancy for applicable developments. Escrow or bonds may be considered by the authority.
Section 15. Adoption of New Section 7-116.    That Article IV of Chapter 7 of the Code is amended by adding a new section to be numbered Section 7-116, which section shall read as follows:

Sec. 7-116.              Injunctive Relief and Civil Remedies.

(a)            If a person has violated or continues to violate the provisions of this article, the authority 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 authority may also initiate civil proceedings in any court of competent jurisdiction seeking monetary damages for any damages caused to the public stormwater drainage system or any public properties by any person, including costs incurred for corrective action and remediation, and may seek other equitable relief to enforce compliance with the provisions of this article or force compliance with any lawful orders of the City Engineer.

(c)            Damages sought by the authority shall include any and all costs of such action including attorney’s fees, trial expenses, court costs and damages to the public stormwater drainage system or any public properties.

Section 16.              Adoption of New Section 7-117.            That Article IV of Chapter 7 of the Code is amended by adding a new section to be numbered Section 7-117, which section shall read as follows:

Sec. 7-117.              Remedies Not Exclusive; Costs Recoverable by The Authority

(a)            Remedies listed in this article are not exclusive of any other remedies available under applicable federal, state or local law and it is within the discretion of the authority to seek cumulative remedies.

(b)           The authority may seek to recover in a civil suit for damages all attorneys’ fees, trial expenses, court costs and any and all other costs and losses resulting directly or indirectly from a violation of this article, or any rule, regulation, order or other provision authorized by state law.  These costs or losses may include, but are not limited to, sampling and monitoring expenses, ADEM fines, EPA fines, costs associated with lawsuits of the authority by third party(s) and other costs associated with the enforcement of this article or the corrective actions or remediation stemming from violations of this article.

Section 17.              Adoption of New Section 7-118.            That Article IV of Chapter 7 of the Code is amended by adding a new section to be numbered Section 7-118, which said section shall read as follows:

Sec. 7-118.              Notices.

Whenever the authority is required or permitted to give notice to any party or deliver a document to any party, such notice or document may be delivered by personal delivery, certified mail (return receipt requested), registered mail (return receipt requested), or a general recognized overnight carrier, to the address of such party which is in the record of the authority or which is otherwise known to the authority.

Section 18.              Adoption of New Section 7-119.            That Article IV of Chapter 7 of the Code is amended by adding a new section to be numbered Section 7-119, which said section shall read as follows:

Sec. 7-119.              Liability.

Neither the issuance of a permit pursuant to this article, nor compliance with the provisions of this article, shall relieve any person of the responsibility for damage to any person or property otherwise imposed by law.

Nothing herein shall be construed to require the city or its officials, employees, agents or attorneys to restore or cause the restoration of property damaged by erosion or sedimentation in violation of this article or to otherwise seek or assist others in seeking compensation to private property owners for any such damage caused by a violation of this article. The city and its officials, employees, agents and attorneys shall not be liable for any condition or damages that result from any failure to observe or recognize a hazardous condition, any failure of an approved plan to prevent erosion or sedimentation, or any failure of the city to cause owners and builders to adhere to the terms of this article. Nothing herein shall be construed to expand the liability of the city or its officials, employees, agents or attorneys nor shall it create any additional, further, different or expanded claim or cause of action.

Nothing in this article shall be construed to limit the authority to enforce rules and regulations regarding:
(1)           Charges, limits and restrictions on the discharge of waste into the sanitary sewerage system of the City.
(2)           Health or sanitation ordinances of the city enforced by the county health department; or
(3)           Ordinances governing the sanitation of premises where animals are kept.
This article shall be cumulative to and in furtherance of any statutory, common law, or other legal right, duty, power, or authority possessed by the city. Compliance with this article shall not excuse any person from compliance with any other federal, state or local law, ordinance, regulation, rule or order.

It shall be unlawful for any person to provide false information to the authority when such person knows or has reason to know that the information provided is false, whether such information is required by this article or any approval granted under this article.

Section 19.              Adoption of New Section 7-120.            That Article IV of Chapter 7 of the Code is amended by adding a new section to be numbered Section 7-120, which said section shall read as follows:

Sec. 7-120.              Severability.           

The provisions of this article are severable. If any part of this article is determined by a court of competent jurisdiction to be invalid, unenforceable or unconstitutional, such determination shall not affect any other part of this article.

Section 20.              Adoption of New Section 7-121.            That Article IV of Chapter 7 of the Code is amended by adding a new section to be numbered Section 7-121, which said section shall read as follows:

Sec. 7-121.              Captions.

The captions of this article in the sections are for the purpose of reference only and such captions shall not affect the meaning of any provision of this article.

Section 21.  Full Force and Effect.  With the exception of the amendments made herein, all other sections and portions of Article IV of Chapter 7 of the Code shall remain in full force and effect, notwithstanding the foregoing amendments.

Section 22.   Effective Date.  This Ordinance and the sections hereby amended and adopted shall become effective upon its passage and publication as required by law.

Section 23.  Publication.  The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 4th day of May,

/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 5th day of May, 2021.

/s/            Russell A. Jones CITY CLERK

ACTION BY MAYOR

APPROVED this the 5th day of May, 2021.

/s/            Gary Fuller MAYOR

ATTEST:

/s/            Russell A. Jones CITY CLERK

Legal run 05/06/2021

–––––––

IN THE MATTER OF THE ESTATE OF MARY LIZA STRICKLAND, DECEASED   

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Case No.: 2021-199

Letters Testamentary on the estate of said decedent having been granted to Kenneth Wallace on the 27th day of April, 2021, by Hon. Bill English, Judge of 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.

KENNETH WALLACE

Personal Representative

Blake L. Oliver

Samford & Denson, LLP

P.O. Box 2345

Opelika, AL 36803-2345

(334) 745-3504

Legal Run 5/6/21, 5/13/21 & 5/20/21

–––––––

CITY OF OPELIKA

ZONING BOARD OF ADJUSTMENT

May 11, 2021   

9:00 A.M.

MEETING CHAMBERS

OPELIKA MUNICIPAL COURT

300 MLK BOULEVARD

 A.           VARIANCE

William Reason, dba Certified Lighting, 2950 Pepperell Parkway, Requesting a 2.0 footcandle  variance from the 0.3 footcandle maximum brightness allow at the property line for an internally lighted sign. 

  NOTE:

The City of Opelika complies with the American with Disabilities Acts.

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 ADA@opelika-al.gov or (334)705-2083.

Legal Run 05/06/2021

–––––––

IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN THE MATTER OF MARK ANTHONY HOWARD, SR., Deceased

Case No.: 2021-258

NOTICE TO CREDITORS

Letters Testamentary of said deceased having been granted to Sentevella Rene Martin Howard, Personal Representative on the 27th day of April, 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.

Sentevella Rene Martin Howard

Legal Run 05/06/21, 05/13/21 & 05/20/21

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