Legals for the week of 5/31 to 6/6

June 5, 2019 chris
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MORTGAGE

FORECLOSURE SALE

 

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Wilson L. Hill to Community Credit Union, now known as WinSouth Credit Union, on the 16th day of November, 2011, said mortgage being recorded as Instrument Number 3358195 in the Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the courthouse door in Etowah County, Alabama, during the legal hours of sale on the 6th day of June, 2019, the following described real estate situated in Etowah County, Alabama, to-wit:

 

PARCEL I: Begin at the NE corner of Lot 27 of Solar Estates, recorded in Plat Book “I”, Page 131, Probate Office, Etowah County, Alabama, and run Southwesterly along the North line of Lot 27 a distance of 115.0 feet; thence deflect 82º 36’ right and run Northwesterly a distance of 200.00 feet; thence deflect 105º 39’ right and run a distance of 118.43 feet; thence deflect 74º 21’ right and run Southeasterly a distance of 182.87 feet to the point of beginning.

 

PARCEL II: Lot 27 of Solar Estates, according to the map or plat thereof recorded in Plat Book “I”, Page 131, Probate Office, Etowah County, Alabama.

 

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

 

JONATHAN A. HUFFSTUTLER

Brunson & Huffstutler Attorneys, P.C.

301 Broad Street

Gadsden, Alabama 35901

Phone 256-546-9205

 

May 17, 24 & 31, 2019

____________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, ETOWAH COUNTY

 

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Tonya Lynn Golden and Phillip Alan Golden to WinSouth Credit Union on the 14th day of November, 2012, said mortgage being recorded as Instrument Number 3376850 in the Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the courthouse door in Etowah County, Alabama, during the legal hours of sale on the 6th day of June, 2019, the following described real estate situated in Etowah County, Alabama, to-wit:

 

A tract or parcel of land described as follows: Begin at the Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 29, Township 12 South, Range 7 East of Huntsville Meridian; thence East along the South line of said forty a distance of 313 feet; thence North and parallel with the West line of said forty a distance of 417.4 feet; thence West and parallel with the South line of said forty and the South line of the Northeast Quarter of the Southwest Quarter a distance of 626 feet; thence South and parallel with the East line of the Northeast Quarter of the Southwest Quarter 417.4 feet to a point in the South line of said Northeast Quarter of the Southwest Quarter; thence East and along the South line of said Northeast Quarter of the Southwest Quarter 313 feet to the point of beginning. Said description embracing a portion of the Northwest Quarter of the Southeast Quarter, and a portion of the Northeast Quarter of the Southwest Quarter, all in Section 29, Township 12 South, Range 7 East of Huntsville Meridian, and lying and being in Glencoe, Etowah County, Alabama, and being subject to rights of Alabama Power Company as set out in Deed Records 5-J, page 210; 5-V, page 589; 7-K, page 211; and 509, page 558, Probate Office, Etowah County, Alabama, and being subject to public roads as now located through or across the same.

 

Also, to describe the point of beginning of a lot or parcel of land commence at the Southwest corner of the NW 1/4 of the SE 1/4, Section 29, T-12-S, R-7-E, Etowah County, Alabama; thence run in an Easterly direction and along the South line of said forty for a distance of 313 feet; thence deflect 90 degrees 52′ to the left and run 39 feet to the Northerly line of Pineview Street and the point of beginning of the lands herein described. From said point of beginning continue along the previously described course for a distance of 378.4 feet; thence deflect 90 degrees 52′ to the right and run 42.1 feet; thence deflect 81 degrees 38′ to the right and run 381.57 feet to a point in the Northerly line of Pineview Street; thence run in a Westerly direction and along the Northerly line of Pineview Street for a distance of 91.9 feet to the point of beginning, lying and being a portion of the NW 1/4 of the SE 1/4, Section 29, T-12-S, R-7-E, Etowah County, Alabama.

 

Less and except: To reach a point of beginning for the hereinafter described parcel of land, commence at the Southeast corner of the NE 1/4 of the SW 1/4; thence run South 88 degrees 00 minutes West, along the South line thereof, 313.00 feet to a point; thence run North 02 degrees 52 minutes West, parallel with the East line of said NE 1/4 of SW 1/4, 1.10 feet to a point in the North line of Pineview Avenue (60 ft. R/W), which is the point of beginning of the parcel of land herein described; thence from said point of beginning, continue North 2 degrees 52 minutes West, 416.30 feet to a point; thence run North 88 degrees 00 minutes East 507.00 feet to a point; thence run South 02 degrees 52 minutes East, 378.68 feet to a point in aforesaid North line of Pineview Avenue; thence run along said North line with the following bearings and distances: South 88 degrees 48 minutes West, 217.64 feet; South 84 degrees 21 minutes West, 97.50 feet; South 80 degrees 17 minutes West, 89.03 feet and South 75 degrees 44 minutes West, 105.72 feet to the point of beginning, embracing portions of aforesaid NE 1/4 of SW 1/4 and portions of the NW 1/4 of the SE 1/4, all in Section 29, Township 12 South, Range 7 East of Huntsville Meridian, Glencoe, Etowah County, Alabama.

 

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

 

JONATHAN A. HUFFSTUTLER

Brunson & Huffstutler Attorneys, P.C.

301 Broad Street

Gadsden, Alabama 35901

Phone 256-546-9205

 

May 17, 24 & 31, 2019

__________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on April 24, 2006 by Enga Sturns, single, originally in favor of Wells Fargo Bank, N.A., and recorded in Instrument Number at 3246162 on May 5, 2006, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2006-2 Trust, Home Equity Asset-Backed Certificates, Series 2006-2 as reflected by instrument recorded in Instrument Number, 3382452 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on June 27, 2019, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

Lot Number One (1) of the Frank Adams Estate Subdivision as the same appears of record in Book of Town Plats “A”, page 342, Probate Office, Etowah County, Alabama and lying and being in the City of Gadsden, Etowah County, Alabama.

 

Being the same as property acquired by Area Lee Adams by virtue of that certain Special Warranty Deed from William J. Wade, trustee of Mid-State Trust II, dated May 30, 1997, which is recorded in Book 1997 at Page 195 on June 24, 1997. Commonly known as 1121 WainWright Avenue, Gadsden, Alabama 35903.

 

For informational purposes only, the property address is: 1217 Wainwright Ave, Gadsden, AL 35903.

Any property address provided is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro & Ingle, LLP at the address indicated below. Shapiro & Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

 

HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2006-2 Trust, Home Equity Asset-Backed Certificates, Series 2006-2, and its successors and assigns

Mortgagee or Transferee

 

SHAPIRO & INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-007145

Attorneys for Mortgagee or Transferee

 

May 24, 31 & June 7, 2019

 

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by John Scott Young, husband and wife, Karon L. Young, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Home Mortgage of America, Inc., on the 26th day of October, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3375795; the undersigned Wells Fargo Bank, N.A., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on July 11, 2019, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

All of Lot Number Twenty (20) and the North Half (N 1/2) of Lot Nineteen (19), Riverbend Estates, according to the map or plat thereof, recorded in Plat Book I, Page 115, Probate Office, Etowah County, Alabama.

 

Property street address for informational purposes: 525 Riverwood Drive , Hokes Bluff, AL 35903

 

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, 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.

 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

 

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

 

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

 

This sale is subject to postponement or cancellation.

 

Wells Fargo Bank, N.A., Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

  1. O. Box 55727

Birmingham, AL 35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

450401

 

May 31, June 7 & 14, 2019

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by William Franklin White and Anna Lynn White, husband and wife, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 13th day of November, 2015, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3426463; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated March 19, 2019 and recorded in said Probate Office in Instrument Number 3481390. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on July 11, 2019, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:

Begin at the southeast corner of the SW 1/4 of the SE 1/4 in Section 12, and run north along the east line of said forty for a distance of 500 feet to a point; thence run west and parallel to the south line of said forty for a distance of 649 feet to a point; thence run south parallel to the east line of said forty for a distance of 500 feet to a point in the south line of said forty; thence run east along the south line of said forty for a distance of 649 feet to the point of beginning, said description embracing a portion of the Southwest quarter (SW 1/4) of the Southeast quarter (SE 1/4) in Section Twelve (12), Township Twelve (12) South of Range Seven (7) East of Huntsville Meridian in Etowah County, Alabama. ALSO conveyed herein is an easement for ingress or egress 20 feet in width described as follows: Commence at the southeast corner of the SW 1/4 of the SE 1/4 of Section 12, and run north along the east line of said forty for a distance of 500 feet to a point; thence run west and parallel to the south line of said forty for a distance of 438 feet to a point which is the point of beginning to describe the centerline of said easement; thence run north and parallel to the east line of said forty for a distance of 799 feet more or less, to the south right-of-way line of the Rocky Ford Road and the end of said easement, said easement being a portion of the Southwest Quarter (SSW 1/4) of the Southeast Quarter (SE 1/4) in Section Twelve (12), Township Twelve (12) South of Range Seven (7) East.

 

There is reserved in the above described tract of land an easement being 20 feet in width and running east from the northwest corner of said tract for a distance of 221 feet for ingress and egress to the adjoining property.

 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.

SASSER, SEFTON & BROWN, P.C.

Bowdy J. Brown, Esq.

445 Dexter Avenue, Suite 8050

Montgomery, Alabama 36104

Our File No.: 49696-2867

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

 

May 31, June 7 & 14, 2019

 

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage dated December 22, 2015, executed by Kevin C. Shepherd, a single man, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Quicken Loans Inc., which mortgage was recorded on January 6, 2016, in Instrument No. 3428326, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Quicken Loans Inc., notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on July 30, 2019, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBER 5 AND A LOT OR PARCEL OF LAND DESCRIBED AS BEGINNING WHERE THE SOUTHWEST LINE OF LOT NUMBER 6 INTERSECTS THE NORTHWEST LINE THEREOF AND FROM THENCE RUN IN A NORTHEASTERLY DIRECTION AND ALONG THE NORTHWEST LINE OF SAID LOT A DISTANCE OF 12 FEET TO A POINT; THENCE IN A SOUTHEASTERLY DIRECTION AND PARALLEL WITH THE SOUTHWEST LINE OF SAID LOT NUMBER 6 A DISTANCE OF 110 FEET TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION AND PARALLEL WITH THE NORTHWEST LINE OF SAID LOT A DISTANCE OF 12 FEET TO A POINT IN THE SOUTHWEST LINE THEREOF; THENCE IN A NORTHWESTERLY DIRECTION AND ALONG THE SOUTHWEST LINE OF SAID LOT A DISTANCE OF 110 FEET TO THE POINT OF BEGINNING, SAID DESCRIPTION EMBRACING A PORTION OF LOT NUMBER 6, ALL IN BLOCK NUMBER 8, IN W. T. COX SOUTH ADDITION, ACCORDING TO THE RE-ARRANGEMENT THEREOF AS SHOWN BY MAP RECORDED IN BOOK OF TOWN PLATS ‘B’, PAGES 360 AND 361, IN THE OFFICE OF THE JUDGE OF PROBATE OF ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated. This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Stephens Millirons, P.C. at the time and place of sale. The balance of the purchase price must be paid in certified funds by noon on the second business day following the sale at the law firm of Stephens Millirons, P.C. at 120 Seven Cedars Drive, Huntsville, Alabama 35802. Stephens Millirons, P.C. reserves the right to award the bid to the next highest bidders should the highest bidder fail to timely tender the total amount due.

 

Quicken Loans Inc.

Transferee

 

Robert J. Wermuth/mgw

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama 35804

Attorney for Mortgagee

 

May 31, June 7 & 14, 2019

 

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jan Lyons and Hazel Lyons, husband and wife, originally in favor of Reverse Mortgage USA, Inc., on the 28th day of July, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3371802; the undersigned Reverse Mortgage Solutions, Inc., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on January 17, 2019, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Tract One:

All that tract or parcel of land lying and being in Lot Number Thirteen (13) in Cove Creek Estates, and lying in Fraction F, Section 17, Township 12 South, Range 7 East of Huntsville Meridian Etowah County, Alabama, and all improvements thereon, to reach a point of beginning for the described parcel of land, commence at the Northeast corner of Fraction F; Thence run South 06 degrees 05 minutes West, along the East line thereof, 1386.70 feet to a point, which is the point of beginning of the parcel of land herein described; Thence from said point of beginning continue South 06 degrees 05 minutes West, along said East line of Fraction F, 168.56 feet to a point in the North line of Rabbittown Road; Thence run South 87 degrees 02 minutes West, along said North line, 257.92 feet to a point of curve; Thence run in a Northwesterly and Northerly direction, along a curve to the right, possessing a central angle of 87 degrees 13 minutes and a tangent of 20.00 feet, to the point of tangent in the East line of Cove Creek Drive; Thence run North 05 degrees 45 minutes West, along said East line, 131.48 feet to a point; Thence run North 84 degrees 15 minutes East 312.00 feet to the Point of Beginning.

Together with and subject to all easements, covenants, restrictions, and other matters which appear of record.

Tract Two:

All that tract or parcel of land lying and being Lot Number Fourteen (14) in Cove Creek Estates according to the Map or Plat thereof as recorded in Plat Book H Page 29, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Etowah County, Alabama, and all improvements thereon.

Together with and subject to all easements, covenants, restrictions, and other matters which appear of record.

 

Property street address for informational purposes: 1402 Cove Creek Drive, Glencoe, AL 35905

 

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, 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.

 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

 

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

 

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

 

This sale is subject to postponement or cancellation.

 

Reverse Mortgage Solutions, Inc., Mortgagee/Transferee

 

The above mortgage foreclosure sale has been postponed until 03/28/2019 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

 

The above mortgage foreclosure sale has been postponed until 05/23/2019 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

 

The above mortgage foreclosure sale has been postponed until 07/11/2019 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

 

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

  1. O. Box 55727

Birmingham, AL 35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

440170

 

May 31, 2019

 

 

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

 

Default having been made in the indebtedness secured by that certain mortgage executed by Torrey L. King Husband and Tiffany D. King Wife to Mortgage Electronic Registration Systems, Inc., as nominee for Ameris Bank, a Corporation, its successors and assigns dated May 9, 2014; said mortgage being recorded on May 13, 2014, as Instrument No. 3401820 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to American Financial Resources, Inc., a New Jersey Corporation to be recorded in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, American Financial Resources, Inc., a New Jersey Corporation, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 1st day of July, 2019 the following property, situated in Etowah County, Alabama, to-wit:

Lot Number Thirty (30) in block Eight (8) in First Addition to Mountain Brow Estates, according to the map or plat thereof recorded in Plat Book “F”, page 359, Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

 

Said property is commonly known as 1426 Monte Vista Drive, Gadsden, AL 35904.

The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due. The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.

 

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Torrey L. KingTiffany D. King or tenant(s).

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

 

AMERICAN FINANCIAL RESOURCES, INC., A NEW JERSEY CORPORATION

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 9149219

www.foreclosurehotline.net

 

May 31, June 7 & 14, 2019

 

 

 

 

 

__________

FILE CLAIMS

 

JACOB MILLICAN appointed Personal Representative on 04/16/2019 Estate of SANDRA KAY WILLIAMSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

May 17, 24 & 31, 2019

___________

FILE CLAIMS

 

PATRICIA ANN GOSS appointed Personal Representative on 04/09/2019 Estate of MILDRED SIMMONS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

May 17, 24 & 31, 2019

___________

FILE CLAIMS

 

DAVID GLENN HOLMES appointed Personal Representative on 04/08/2019 Estate of JEWEL DEAN KNUTSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

May 17, 24 & 31, 2019

___________

FILE CLAIMS

 

BARBARA WHITT AND BILL JOHNSON appointed Personal Representative on 04/08/2019 Estate of LINDA JOHNSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

May 17, 24 & 31, 2019

____________

FILE CLAIMS

 

RICKEY L. GROOVER appointed Personal Representative on 04/16/2019 Estate of KATHRYN YVONNE DAVIS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

May 17, 24 & 31, 2019

____________

FILE CLAIMS

 

JUDY BAKER appointed Personal Representative on 04/10/2019 Estate of MANUEL BAKER, JR., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

May 17, 24 & 31, 2019

 

 

 

 

ORDINANCE

  1. O-11-19

 

Adopting the 2018 edition of the International Building Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures; providing for the issuance of permits and collection of fees therefor; amending Sections 18-31 and 18-32 of the City Code; and repealing all other ordinances and parts of ordinances in conflict therewith

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

 

Section 1. Section 18-31 of the Gadsden City Code is amended to read as follows:

A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Building Code, 2018 edition, including Appendix A (Employee Qualifications), Appendix C (Group U—Agricultural Buildings), Appendix E (Supplementary Accessibility Requirements), Appendix F (Rodent proofing), Appendix G (Flood-Resistant Construction), Appendix H (Signs), Appendix I (Patio Covers), Appendix J (Grading), and Appendix K (Administrative Provisions), as published by the International Code Council, is adopted as the building code of the city for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said building code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

 

Section 2. Section 18-32 of the Gadsden City Code is amended to read as follows:

The following sections are hereby revised:

 

Section 101.1 Title. These regulations shall be known as the Building Code of the City of Gadsden, hereinafter referred to as “this code.”

 

Sections 113.1 through 113.3 and Appendix B. Board of Appeals. These sections and Appendix B (Board of Appeals) are not adopted. All appeals shall be to the building code board of appeals established by Section 18-34(a) of the City Code.

 

Section 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the city council shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled The Flood Insurance Study for the City of Gadsden, Alabama, dated April 4, 1983, as amended or revised, with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data, along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

 

Section 3412.2 Applicability. This section is hereby repealed.

 

Section 3. Section 18-34 (c) Basis for total valuation, of the Gadsden City Code is hereby removed.

 

Section 4. All other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Sections 18-33 through 18-35 of the City Code are not repealed.

 

Section 5. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.

 

Section 6. Nothing in this ordinance or in the building code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 7. The City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 8. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.

 

Adopted by the City Council of the City of Gadsden, Alabama, at an open public meeting held on May 21, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

ORDINANCE

  1. O-12-19

 

Adopting the 2018 edition of the International Existing Building Code, regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings; providing for the issuance of permits and collection of fees therefor; amending Sections 18-41 of the City Code; and repealing all ordinances and parts of ordinances in conflict therewith

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

 

Section 1. Section 18-41 of the Gadsden City Code is amended to read as follows:

 

A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Existing Building Code, 2018 edition, including Appendix A (Guidelines for the Seismic Retrofit of Existing Buildings), Appendix B (Supplementary Accessibility Requirements for Existing Buildings and Facilities), and Resource A (Guidelines on Fire Ratings of Archaic Materials and Assemblies), as published by the International Code Council, is adopted as the existing building code of the city for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said existing building code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 18-42.

 

Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.

 

Section 4. Nothing in this ordinance or in the existing building code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 5. The City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 6. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.

 

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on May 21, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

ORDINANCE

  1. O-13-19

 

Adopting 2018 edition of International Fuel Gas Code, regulating and governing fuel gas systems and gas-fired appliances; providing for the issuance of permits and collection of fees therefor; amending Sections 18-231 and 18-232 of the City Code; and repealing all other ordinances and parts of ordinances in conflict therewith

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

 

Section 1. Section 18-231 of the Gadsden City Code is amended to read as follows:

A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Fuel Gas Code, 2018 edition, including Appendix Chapters A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use with Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), and D (Recommended Procedure for Safety Inspection of an Existing Appliance Installation), as published by the International Code Council, is adopted as the fuel gas code of the city for regulating and governing fuel gas systems and gas-fired appliances as herein provided; providing for the issuance of permits and collection fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said fuel gas code on file in the office of the city clerk are referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 18-232.

 

Section 2. Section 18-232 of the Gadsden City Code is amended to read as follows:

The following sections are hereby revised:

 

Section 101.1. Title. These regulations shall be known as the fuel gas code of the City of Gadsden, hereinafter referred to as “this code.”

 

Section 106.6.2. Fee schedule. The fees for work shall be as indicated in the following schedule.

 

For issuing each permit, a fee of $5.00 will be charged.

 

The total fees for inspection of consumer’s gas piping at one location (including both rough and final piping inspection) shall be $5.00 for one to four outlets, inclusive, and $1.00 for each additional outlet.

 

The fees for inspecting conversion burners, floor furnaces, incinerators, boilers, or central heating or air conditioning units shall be $5.00 for one unit and $1.00 for each additional unit.

 

The fee for inspecting vented wall furnaces and water heaters shall be $2.50 for one unit and $1.00 for each additional unit.

 

If a re-inspection is required, an additional fee of $5.00 will be charged.

 

If any person commences any work before obtaining the necessary permit and inspection, fees shall be doubled.

 

Any and all fees shall be paid by the person to whom the permit is issued.

 

Section 106.6.3. Fee refunds. The code official shall authorize the refunding of fees as follows.

  1. The full amount of any fee paid hereunder which was erroneously paid or collected.

 

  1. Not more than 50% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

 

  1. Not more than 50% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

 

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

 

Section 108.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a violation punishable by a fine of not more than $500.00 or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

 

Section 108.5. Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $100.00 or more than $500.00.

 

Section 109. Means of Appeal. Sections 109.1 through 109.7 are not adopted. All appeals shall be to the building code board of appeals established by Section 18-34(a) of the City Code.

 

Section 3. All other ordinance or parts of ordinances in conflict herewith are hereby repealed. Section 18-233 is not repealed.

 

Section 4. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.

 

Section 5. Nothing in this ordinance or in the fuel gas code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 6. The City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.

 

Adopted by the City Council of the City of Gadsden, Alabama, at an open public meeting held on May 21, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

 

ORDINANCE

  1. O-14-19

 

Adopting the 2018 edition of the International Mechanical Code, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems; providing for the issuance of permits and collection of fees therefor; amending Sections 18-281 and 18-282 of the City Code; and repealing all other ordinances and parts of ordinances in conflict therewith

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

 

Section 1. Section 18-281 of the Gadsden City Code is amended to read as follows:

A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Mechanical Code, 2018 edition, including Appendix Chapter A (Combustion and Air Openings and Chimney Conductor Pass-Throughs), as published by the International Code Council, is adopted as the mechanical code of the city for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said mechanical code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 18-282.

 

Section 2. Section 18-282 of the Gadsden City Code is amended to read as follows:

The following sections are hereby revised:

 

Section 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Gadsden, hereinafter referred to as “this code.”

 

Section 106.5.2 Fee Schedule. The fees for mechanical work shall be as indicated in the following schedule:

 

Initial Fee

For issuing each permit …$10.00

 

Additional Fees

Fee for inspecting heating, ventilating, ductwork, air conditioning and refrigeration systems shall be $10.00 for the first $1,000.00, or fraction thereof, of valuation of the installation plus $2.00 for each additional $1,000.00 or fraction thereof.

 

Fee for inspecting repairs, alterations and additions to an existing system shall be $5.00 plus $2.00 for each $1,000.00 or fraction thereof.

 

 

Fee for inspecting boilers (based upon Btu input):

 

33,000 Btu (1 BHp) to 165,000 (5 BHp) ….$ 5.00

165,001 Btu (5 BHp) to 330,000 (10 BHp) …..10.00

330,001 Btu (10 BHp) to 1,165,000 (52 BHp) ….15.00

1,165,001 Btu (52BHp) to 3,300,000 (98 BHp) ….25.00

over 3,300,000 Btu (98 BHp ) ….35.00

 

Note:

1 KJ = 1.055 BTU

1 BHp = 33,475 Btuh.

 

Fee for Reinspection

In case it becomes necessary to make reinspection of a heating, ventilation, air conditioning or refrigeration system, or boiler installation, the installer of such equipment shall pay a reinspection fee of $5.00.

 

Temporary Operation Inspection Fee

When preliminary inspection is requested for purposes of permitting temporary operation of a heating, ventilating, refrigeration, or air conditioning system, or portion thereof, a fee of $5.00 shall be paid by the contractor requesting such preliminary inspection. If the system is not approved for temporary operation on the first preliminary inspection, the usual reinspection fee shall be charged for each subsequent preliminary inspection for such purpose.

 

Self-Contained Units Less Than Two Tons (1814 Kilograms)

In all buildings, except one and two family dwellings, where self-contained air conditioning units of less than two tons are to be installed, the fee charged shall be that for the total cost of all units combined.

 

Section 106.5.3 Fee Refunds. The code official shall authorize the refunding of fees as follows:

  1. The full amount of any fee paid hereunder which was erroneously paid or collected.

 

  1. Not more than 50% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

 

  1. Not more than 50% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

 

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

 

Section 108.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a violation punishable by a fine of not more than $500.00 or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

 

Section 108.5 Stop work orders. Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $100.00 or more than $500.00.

 

Section 109. Means of Appeal. Sections 109.1 through 109.7 are not adopted. All appeals shall be to the building code board of appeals established by Section 18-34(a) of the City Code.

 

Section 3. All other ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 4. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.

 

Section 5. Nothing in this ordinance or in the mechanical code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 6. The City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.

 

Adopted by the City Council of the City of Gadsden, Alabama, at an open public meeting held on May 21, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

 

ORDINANCE

  1. O-15-19

 

Adopting the 2018 edition of the International Plumbing Code, regulating

and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance

of plumbing systems; amending and repealing certain sections of the City Code

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

 

Section 1. Section 18-311 of the Gadsden City Code is amended as to the definitions of the following:

 

Journeyman plumber means a person who engages in our works at the actual installation, repair, or replacement of plumbing systems, has been issued a journeyman plumber certificate by the State of Alabama Plumbing and Gas Fitter Board, and possesses a valid and current annual certificate issued by the State of Alabama Plumbing and Gas Fitter Board. The certificate shall be available for inspection on request.

Master plumber means any person engaged in or proposing to engage in the business of contracting to do, or of superintending, the installation, maintenance, or repair of plumbing, or both. The individual shall qualify to be a certified master plumber. If the business is a firm or corporation, at least one active employee of the firm or corporation shall be a duly registered and certified master plumber, actively, continuously connected with the conduct of the business. The master plumber shall have in his possession a current annual certificate issued by the Alabama Plumbing and Gas Fitter Board. The certificate shall be available for inspection on request.

 

Section 2. Section 18-332 of the Gadsden City Code is hereby adopted to read as follows:

 

Section 18-332. – Notification of plumbing inspection when work is ready for inspection.

 

Upon Completion of any installation of plumbing, piping or fixture installations, which have been authorized by the issuance of a permit pursuant to the provisions of this article, it shall be the duty of the plumbing contractor or person installing the plumbing to notify the city plumbing inspector at least Twenty-four (24) hours in advance of the inspection.

 

Section 3. Section 18-353 of the Gadsden City Code is amended as to delete number one (1) under the duties of the plumber examining board.

 

Section 4. Section 18-401 (a) (5) of the Gadsden City Code is amended to read as follows:

Appliance installations and service work done in connecting appliances to existing piping installations.

 

Section 5. Section 18-403 of the Gadsden City Code is amended to read as follows:

Registration certificates of plumber apprentices shall be issued without charge. All plumber apprentices shall not be allowed to do any plumbing work on any job, unless a certified journeyman or master plumber is on the job steadily supervising such apprentice. In no case shall such apprentice be allowed to work on a job alone. Such apprentice shall likewise be held responsible for all violations of this article.

 

Section 6. Sections 18-404, 18-405, 18-406, 18-408 and 18-409 of the Gadsden City Code are hereby repealed.

 

Section 7. Section 18-411 of the Gadsden City Code is amended to read as follows:\

Before any person shall continue to engage in the business of master plumber, such person shall secure an annual renewal of such person’s master plumber’s certificate of competency. Before any person shall continue to engage in the business of, or be employed as, a journeyman plumber, such person shall secure an annual renewal of such person’s journeyman plumber’s certificate of competency.

 

Section 8. Section 18-412 (b) of the Gadsden City Code is amended to read as follows:

The plumber examining board shall have power to suspend any such certificate if, after fair hearing, it determines that the holder has been guilty of any violation of the laws of the city relating to plumbing installation and construction or of any clearly incompetent or neglectful workmanship.

 

Section 9. Section 18-431 of the Gadsden City Code is amended to read as follows:

A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Plumbing Code, 2018 edition, including Appendix Chapters B (Rates of Rainfall for Various Cities), C (Gray Water Recycling Systems), D (Degree Day and Design Temperatures), E (Sizing of Water Piping System), F (Structural Safety) and G (Vacuum Drainage System), as published by the International Code Council, is adopted as the plumbing code of the city for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said plumbing code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 18-432.

 

Section 10. Section 18-432 of the Gadsden City Code is amended to read as follows:

The following sections are hereby revised:

 

Section 106.6.2 Fee Schedule. The fees for all plumbing work shall be as indicated in the following schedule:

 

(1) For issuing each permit, …..10.00

(2) For each plumbing fixture, floor drain or trap (including water drainage piping

and back flow protection thereof…. 2.50

(3) For each house sewer…..          5.00

(4) For each house sewer having to be replaced or repaired…. 5.00

(5) For each cesspool (where permitted)… 5.00

(6) For each water heater and/or vent… 2.50

(7) For installation, alteration or repair of water piping and/or water treating

equipment, each… 5.00

(8) For repair or alteration of drainage or vent piping, each fixture… 5.00

(9) For vacuum breakers or backflow protective devices installed subsequent to the installation of the piping or equipment served, … 2.50

 

Section 904.1 of the Gadsden City Code, pertaining to roof extensions, is repealed.

 

Section 11. Section 18-433 of the Gadsden City Code, pertaining to the posting of notice by sellers of unvented fuel burning heaters, is repealed.

 

Section 12. All other ordinance or parts of ordinances in conflict herewith are hereby repealed.

 

Section 13. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.

 

Section 14. Nothing in this ordinance or in the plumbing code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 15. The City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 16. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.

 

Adopted by the City Council of Gadsden, Alabama, at a meeting held on May 21, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

 

 

 

ORDINANCE

  1. O-16-19

 

Adopting 2018 edition of International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures; providing for the issuance of permits and collection of fees therefor; amending Sections 18-261 and 18-262 of the City Code; and repealing all other ordinances and parts of ordinances in conflict therewith

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

 

Section 1. Section 18-261 of the Gadsden City Code is amended to read as follows:

 

A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Property Maintenance Code, 2018 edition, as published by the International Code Council, is adopted as the property maintenance code of the city for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the office of the city clerk are referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 18-262.

 

Section 2. Section 18-262 of the Gadsden City Code is amended to read as follows:

 

The following sections are hereby revised:

 

Section 101.1. Title. These regulations shall be known as the property maintenance code of the City of Gadsden, hereinafter referred to as “this code.”

 

Section 103.5. Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated on the schedule in the applicable code for the work to be done.

 

Section 111. Means of Appeal. Sections 111.1 through 111.8 are not adopted. All appeals shall be to the building code board of appeals established by Section 18-34(a) of the City Code.

 

Section 112.4. Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $100.00 or more than $500.00.

 

Section 302.4. Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches (305 mm) in height.   All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the city. Upon failure to comply with the notice of violation, any duly authorized employee of the city or a contractor hired by the city shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

 

Section 304.14. Insect screens. During the period from March 1 to October 31, every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control shall have a self-closing device in good working order.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

 

Section 602.3. Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to March 31 to maintain a temperature of not less than 68º F (20º C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

  1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
  2. In areas where the average monthly temperature is above 30º F (-1º C) a minimum temperature of 65º F (18º C) shall be maintained.

 

Section 602.4. Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to March 31 to maintain a temperature of not less than 65º F (18º C) during the period the spaces are occupied.

Exceptions:

  1. Processing, storage and operation areas that require cooling or special temperature conditions.
  2. Areas in which persons are primarily engaged in vigorous physical activities.

 

Section 3. All other ordinance or parts of ordinances in conflict herewith are hereby repealed.

 

Section 4. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.

 

Section 5. Nothing in this ordinance or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 6. The City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.

 

Adopted by the City Council of the City of Gadsden, Alabama, at an open public meeting held on May 21, 2019.

 

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

ORDINANCE

  1. O-18-19

 

Adopting the 2018 edition of the International Swimming Pool and Spa Code

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

 

Section 1. Chapter 18 of the Gadsden City Code is amended to add the following 2018 International Swimming Pool and Spa Code in its entirety, to read as follows:

 

A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Swimming Pool and Spa Code, 2018 edition.

 

Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.

 

Section 4. Nothing in this ordinance or in the existing building code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 5. The City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 6. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.

 

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on May 21, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

RESOLUTION

  1. R-169-19

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

109 PIONEER STREET in District 1 in the City of Gadsden, more particularly described as:

A lot or parcel of land described as beginning at a point in the Northwest line of Pioneer Street, which said point is 252 feet Southwesterly measured along said Northwest line from the intersection of said Northwest line of Pioneer Street with the South line of Tennessee Avenue, said point being also the Southeast corner of that certain tract conveyed by Clinton Eston Allsup and wife, Mildred Allsup, to Rayford C. Camp and wife, Faye Nell Camp, by deed dated May 23 , 1959, and recorded in Book “732″, page 325, Probate rd Office, Etowah County, Alabama, and from said point of beginning run in a Southwesterly direction and along the Northwest line of Pioneer Street a distance of 116 feet to a point; thence deflect an angle of 98 degrees to the right and run in Northwesterly direction a distance of 153.18 feet, more or less, to a point on the Southeast line, the alley running through Block “D”, which said point is 328.86 feet Southwesterly, measured along the Southeast line of said alley from the South line of Tennessee Avenue; thence in a Northeasterly direction and along the Southeast line of said alley a distance of 116 feet to the Southwest corner of the Camp lot hereinabove referred to; thence in a Southeasterly direction and along the Southwest line of said Camp lot a distance of 153.18 feet, more or less, to the point of beginning. Said description embracing a portion of Lot Number Four (4) in Block “D”,, in the Subdivision of Lots “D”, “E”, and “:F”:, of Pinehurst Addition to East Gadsden, and portions of what is known as the “King Lot” as shown by the map recorded in Plat Book “B”, page 15, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Lonnie Johnson, 901 Rosewood Lane, State of Alabama, P.O. Box 327210, Montgomery, possible rights of redemption of the Estate of Melvin Woods;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden at an open public meeting held on May 14, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

 

 

RESOLUTION

  1. R-170-19

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

526 PLAINVIEW STREET in District 3 in the City of Gadsden, more particularly described as:

Lots Numbers Eleven (11) and Thirteen (13) in the S.W. Arnold Addition to the City of Gadsden, according to the map or plat thereof as recorded in Plat Book “A”, Page 127, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama, together will all improvements located thereon.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Zelma Lee Hicks and Larry Resor, 13600 Myers Road, Detroit, MI;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City

Code.

 

Adopted by the City Council of Gadsden at an open public meeting held on May 14, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

RESOLUTION

  1. R-171-19

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

1001 SPRUCE STREET in District 5 in the City of Gadsden, more particularly described as:

Lot Number Twenty-Eight (28) in Block Number Three (3) in the Woodlawn Addition to Gadsden, according to the map or plat thereof recorded in Plat Book “A” at page 15, Probate Office, Etowah County, being situated in the City of Gadsden, Etowah County, State of Alabama

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, the rights of redemption of Johnny L. Williams and/or his heirs if deceased;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City

Code.

 

Adopted by the City Council of Gadsden at an open public meeting held on May 14, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

 

RESOLUTION

  1. R-173-19

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

1507 KENTUCKY AVENUE in District 1 in the City of Gadsden, more particularly described as:

A lot described as beginning at a point in the North line of Lot “K” which is 150 feet West, measured along said North line, from the Northeast corner of said Lot “K” and from thence run in a Southerly direction and parallel with the East line of said Lot “K” a distance of 160 feet; thence in a Westerly direction and parallel with the North line of said Lot “K” a distance of 50 feet; thence in a Northerly direction and parallel with the East line of said Lot “k” a distance of 160 feet to the North line thereof; thence Easterly and along said North line a distance of 60 feet to the point of beginning, and being a portion of Lot “k’ in Pinehurst Addition, according to the map thereof recorded in Plat Book “B”, Page 169, Probate Office, and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon.

is a nuisance and ordered its abatement; and

 

Whereas, as required by the City Code, notice of a public hearing has been given to RANDY S. GOBLE, 1507 Kentucky Avenue, Gadsden, AL, THELMA A CHAMBLEE, life estate, 1507 Kentucky Avenue, Gadsden, AL, subject to that certain mortgage in favor of CITY OF GADSDEN, 90 Broad Street, Gadsden, AL,

 

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

 

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on May 21, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

RESOLUTION

  1. R-174-19

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

107 6TH AVENUE E. in District 2 in the City of Gadsden, more particularly described as:

Lot Number Four (4) in Block Number Two (2) in Meadowhill Subdivision, according to the map or plat thereof, as the same appears of record in the Office of the Judge of Probate of Etowah County, Alabama, in Plat Book “C”, Page 15 and lying and being in the City of Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

 

Whereas, as required by the City Code, notice of a public hearing has been given to STATE OF ALABAMA, PO Box 327210, Montgomery, AL, possible rights of redemption to the estate of EDDIE DENSON whose Executrix is BRENDA DENSON, REGIONS BANK MORTGAGE, 200 Broad Street, Gadsden, AL, SAMUEL J. CHASTAIN and wife MARJORIE F. CHASTAIN.

 

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

 

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on May 21, 2019.

 

Iva Nelson, City Clerk

 

May 31,2019

 

 

 

 

 

RESOLUTION

  1. R-175-19

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

1208 ROBINSON AVENUE in District 2 in the City of Gadsden, more particularly described as:

Parcel One: Lot Number 4 in Block “H”, in Stroud’s First Subdivision to East Gadsden, according to map recorded in Plat Book “B”, Page 84, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama, subject to the reservation of an easement 6 feet in width along the west line of said lot for use as a common driveway between Lots 3 and 4, in Block “H”, of said Stroud’s First Addition.

 

Parcel Two: An easement 6 feet in width along the East line of Lot Number 3, in Block “H”, in Stroud’s First Subdivision, according to map recorded in Plat Book “B”, page 84, Probate Office, Etowah County, Alabama, for use as a common driveway between Lots 3 and 4, in Block “H”, of said Stroud’s First Subdivision.

is a nuisance and ordered its abatement; and

 

Whereas, as required by the City Code, notice of a public hearing has been given to CARMEN L. CROOK and JESSIE L. BENTLEY, 211 Candlenut Court, Harvest, AL.

 

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

 

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on May 21, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

RESOLUTION

  1. R-176-19

 

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that the property or condition located at 901 SPRING STREET in District 3 in the City of Gadsden, more particularly described as:

 

LT 20 BLK K GLEN IRIS ADD TO HIGHLAND PARK PLAT B-217 32-11-6 Tax ID#: 10-09-32-4-000-068.000

 

is a nuisance and ordered its abatement; and

Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to JOHN S & wife FRANKIE WOOD c/o PERRY WOODS, 25231 31st Avenue South, Kent, WA

 

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.

Adopted by the City Council of Gadsden, Alabama, at a meeting held on May 21, 2019.

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

RESOLUTION

  1. R-177-19

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

917 NORTH 37TH STREET in District 7 in the City of Gadsden, more particularly described as:

Lots 11, 12, and 13, in Block 2, according to the survey of Sam Bailey’s Addition to Alabama City, as recorded in Plat Book B, Page 43, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

 

Whereas, as required by the City Code, notice of a public hearing has been given to QUENTIN BOZARTH, 354 Old Hollow Road, Boaz, AL, with TAMMIE MANCIL having possible redemption rights.

 

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on May 21, 2019.

 

Iva Nelson, City Clerk

 

May 31, 2019

 

 

 

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-19-900360-GCD

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$1,540.00 U.S. Currency

DEFENDANT

In Re: Deangelo Andrae Marbury

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 19th day of July, 2019. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 21st day of May, 2019.

 

Cassandra Johnson,

Circuit Clerk

Etowah County, Alabama

 

May 31, June 7, 14 & 21, 2019

 

 

 

 

 

 

 

___________

NOTICE OF SUMMONS

 

To: Debra A. Tolliver and Christopher Davenport

You are notified that the 10th day of July, 2019 at 10:00 o’clock a.m. has been set as the date and time to hear the contest of the claims of Debra A. Tolliver and Christopher Davenport in the estate of Doris Owens, deceased, Case Number S-9411. You are to be present and prove your claims on said date and time.

Dated this the 14th day of May, 2019

 

Scott W. Hassell

Judge of Probate

 

May 17, 24, 31 and June 7, 2019

__________

NOTICE OF SUMMONS

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: DR-19-900106-GCD

MISTY LASHAE TILLERY HAIRRELL

PLAINTIFF,

VS.

CHAD TILLERY,

DEFENDANT

TO: CHAD TILLERY

You are hereby notified that a Complaint against you has been filed in the Circuit Court of Etowah County, Alabama in Civil Action Number: DR-19-900106-gcd

You are hereby commanded and required to file with the Clerk of Court, and to serve upon the Plaintiff, an answer to the Complaint within 30 days afer the last publication of this notice, or default judgment will be entered against you.

Date this the 20th day of May, 2019.

 

Cassandra Johnson

Circuit Clerk

 

May 24, 31, June 7 & 14, 2019

___________

NOTICE OF ADOPTION

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. A-1458

IN THE MATTER OF THE ADOPTION

PETITION OF RANDY LEDBETTER AND LINDA LEDBETTER

TO: THE UNKNOWN FATHER

You are hereby notified that a Petition for Adoption has been filed in the Probate Court by Randy and Linda Ledbetter to adopt O.W.L., Case No. A-1458.

Hearing is set for the 30th day of July, 2019, at 10:30 am

If you as father, intend to contest this adoption, you must file a written response within 30 days of the date of last publication herein with the Clerk of the Probate Court of Etowah County, Alabama.

Dated this the 2nd day of May, 2019.

 

Scott W. Hassell

Judge of Probate

 

May 10, 17, 24 & 31, 2019

___________

NOTICE OF ADOPTION

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. A-1447

IN THE MATTER OF THE ADOPTION

PETITION OF WILLIAM AMOS JONES AND WIFE, MARY PAMELA MCCUE JONES

NOTICE TO TAYLOR LYNNETTE MCCARTER, WHOSE WHEREABOUTS ARE UNKNOWN

NOTICE TO ALL UNKNOWN FATHERS

You will take notice that the Adoption Petition of William Amos Jones and wife, Mary Pamela McCue Jones, set to be heard on the 9th day of July, 2019 at 10:00 am, was filed on March 26, 2019. Minor child’s birth date is June 19, 2012 who was born to Taylor Lynnette McCarter.

 

Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein (with Krystal Padula McWhorter, whose name and address is shown below), and with the clerk of the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

DONE this the 8th day of May, 2019.

 

Krystal Padula McWhorter, Esq.

P.O. Box 8424

Gadsden, AL 35902

 

Scott W. Hassell

Judge of Probate

 

May 10, 17, 24 & 31, 2019

___________

NOTICE OF ADOPTION

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. A-1449

IN THE MATTER OF THE ADOPTION

PETITION OF DANNY ALBERT JENKINS AND WIFE, AMY MARIE JENKINS

NOTICE TO KENITH AMOS HILL, III,

WHOSE WHEREABOUTS ARE UNKNOWN

You will take notice that the Adoption Petition of Danny Albert Jenkins and wife, Amy Marie Jenkins, set to be heard on the 9th day of July, 2019 at 10:30 am, was filed on April 26, 2019. Minor child’s birth date is October 6, 2013, who was born to Ashley Renee Graham.

Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein (with Krystal Padula McWhorter, whose name and address is shown below), and with the clerk of the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

DONE this the 26th day of April, 2019.

 

Krystal Padula McWhorter, Esq.

P.O. Box 8424

Gadsden, AL 35902

 

Scott W. Hassell

Judge of Probate

 

May 10, 17, 24 & 31, 2019

___________

NOTICE OF HEARING

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: THE ADOPTION PETITION OF SCOTTIE HOGUE

CASE NO.: A-1443

TO: THE ALLEGED BIOLOGICAL MOTHER, TIFFANY AMBER NORRIS

WHEREABOUTS UNKNOWN

Please take notice that a Petition for Adoption in the above styled matter has been filed in said Court by the Petitioner and that the 23rd day of July 2019, at 2:00o’clock p.m. has been set for hearing on the same in said court in the City of Gadsden, Alabama. Please e advised that if you intend to contest this adoptin, you must file a written response within thirty (30) days hereof with counsel for said Petitioner, whose names and address are shown below and with the Clerk of said Probate Court.

Done this 18th day of March, 2019.

 

Rodney L. Ward

Attorney for Petitioner

827 Chestnut Street

Gadsden, AL 35901

 

May 24, 31, June 7 & 14, 2019

 

_________

NOTICE OF PUBLICATION

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF BARBARA ANN LAUGHLIN, an incapacitated person

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: S-10470

TO MALAND DOUGLAS, WHOSE ADDRESS IS UNKNOWN

You will hereby take notice that on this day came Donna Kay Garrett and produced to the Court a paper in writing Petitioning for Letters of Guardianship and Conservatorship of the Estate of Barbara Ann Laughlin, an incapacitated person

You are hereby notified to be and appear before me, at my office in the Courthouse of said County, on the 17th day of July, 2019, at 10:00 o’clock, a.m. when the Petition for Letters of Guardianship and Conservatorship of the Estate of Barbara Ann Laughlin an incapacitated person, will be considered, and to show cause, if any you have, why that the purported petition should not be admitted to Probate.

This the 16th day of May, 2019 at Gadsden, Alabama

 

Scott Hassell

Judge, Probate Court of

Etowah County

 

May 17, 24 & 31, 2019

___________

NOTICE OF PUBLICATION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASENO.: DR-18-302-CDR

LEAH BRYN THORNHILL

PLAINTIFF

VS.

JOSE MANUEL DE FEO

DEFENDANT

The Plaintiff, Leah Bryn Thornhill, hereby notifies, the Defendant, Jose Manuel De Feo that she has filed a Complaint for Divorce in the above styled cause, and further notifies Jose Manuel De Feo tht he has thirty (30) days in which to file a response to her complaint or else, Leah Bryn Thornhill shall take a default judgment.

Signe this the 23rd day of April, 2019.

 

Cassandra Johnson

Circuit Clerk

 

May 10, 17, 24 & 31, 2019

 

NOTICE OF PUBLICATION

 

IN THE PROBATE COURT CASE.: 10402

THE STATE OF ALABAMA

COUNTY OF ETOWAH

ESTATE OF RONALD LEROY PEMBERTON

Please take notice that at my office in the Courthouse of said County a Petition for Summary Distribution in the matter of the estate of RONALD LEROY PEMBERTON, was file by TRACY PEMBERTON and thirty (30) days hereto, the Court shall enter an order directing summary distribution.

 

Scott W. Hassell

Judge of Probate

 

May 31, 2019

 

 

NOTICE OF ESTATE

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-10506

IN RE: The Estate of WILLIE LOU LEMONS

DECEASED

A Petition for Summary Distribution of the Estate of Willie Lou Lemons, Deceased, having been submitted to the Honorable Scott W. Hassell, Judge of Probate, by Petitioner, Ralph Lemons, Jr., on the 8th day of May, 2019; Notice is hereby given that all persons contesting said Petition shall file a response thereto with the Judge of Probate, Etowah County, Alabama, within 30 days of the date of this publication.

 

Hoyt Wayne Copeland, II

Attorney for Petitioner

 

May 31, 2019

 

 

NOTICE OF ESTATE

 

IN THE PROBATE COUIRT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-10510

IN RE: THE ESTATE OF IVA NELL HOPPER, DECEASED

 

NOTICE REGARDING ESTATE OF IVA NELL HOPPER, DECEASED, TO THE HEIRS AND CREDITORS OF IVA NELL HOPPER, DECEASED, AND TO WHOM IT MAY CONCERN

 

Take notice that Iva Neil Hopper, a resident of Etowah County, Alabama, expired on March 8, 2019; that a Petition for Summary Distribution on the Estate of Iva Nell Hopper, deceased, has been filed in the office of the Probate Judge of Etowah County, Alabama, on May 9, 2019, as provided in the “Alabama Small Estates Act”; that you may take any action you deem appropriate regarding this estate, including notice to the court, of any legal cause why this estate should not be distributed according to said Act within 30 days from the date of this publication.

Done this 9th day of May, 2019

 

Scott W. Hassell

Judge of Probate

Etowah County, Alabama

 

May 31, 2019

 

 

 

NOTICE OF HEARING

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-7118

In the Matter of the Estate of DEREK RAY EDWARDS, An Incapacitated Person

NOTICE TO: LOUGENIA KAY EDWARDS, mother to Derek Ray Edwards

You will please take notice that a Petition for Successor Letters of Guardianship filed by Donna Edwards hill, was filed in the Probate Court of Etowah and that the 9th day of July, 2019 at 2:00 p.m. was appointed a day and time for thereof, at which time you may appear and contest the same, if you see proper.

 

Scott W. Hassell

Probate Judge

 

May 31, June 7 & 14, 2019

 

__________

NOTICE OF DIVORCE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE #: DR-18-900407.00

MIRANDA LEE BASSETT,

375 PEACH TREE ROAD

BOAZ, AL 35956

D.O.B.:7/22/1980

PLAINTIFF

VS

CHRISTOPHER MICHAEL STORIE

375 PEACH TREE ROAD

BOAZ, AL 35956

D.O.B.: 07/17/1971

DEFENDANT

Christopher Michael Storie Whose whereabouts is unknown, must answer the complaint of Miranda Lee Bassett, seeing a divorce and other relief by June 1, 2019, or thereafter a judgment by default may be rendered against him in Civil Action No.: DR-19-900407.00 Circuit Court of Etowah County, Alabama.

Dated this the 15th day of May, 2019.

 

Cassandra Johnson

Circuit Clerk

 

May 17, 24 & 31, 2019

_________

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 6/28/19.

 

2000 VICTORY V9Z MOTORCYCLE; VIN # 5VPCB15DOY3001895

2005 FORD TAURUS; VIN # 1FAFP53U05A117473

1998 HONDA CIVIC; VIN # 2HGEJ6674WH608183

2005 FORD MUSTANG; VIN # 1ZVFT84N755232611

 

UNI Towing

2075 Hwy 77

Attalla, AL 35954

 

May 24 & 31, 2019

__________

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 6/28/19.

 

1999 FORD F-250; VIN # 1FTNW21F5XEA60579

2012 VOLKSWAGON EOS; VIN # WVWBW7AH1CV003579

2005 TOYOTA COROLLA; VIN # 1NXBR32E15Z394905

 

Thacker Towing

927 5th Avenue NE

Attalla, AL 35954

(256) 546-9994

 

May 24 & 31, 2019

_________

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 6/28/19.

 

2008 CHRYSLER TOWN & COUNTRY; VIN # 2A8HR54P78R711010

 

Hammett Towing

240 Wesson Lake Road

Attalla, AL 35954

(256)613-8499

 

May 24 & 31, 2019

__________

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 6/28/19.

 

2002 FORD ESCAPE; VIN # 1FMYU03112KD68072

2002 CHRYSLER SEBRING; VIN # 4C3AG52HX2E165756

 

ER Towing & Recovery

1733 Forrest Avenue

Gadsden, AL 35901

(256) 547-1549

 

May 24 & 31, 2019

 

 

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 6/28/19.

 

2006 BUICK RENDEZVOUS; VIN # 3G5DB03L96S609999

 

AM PM Roadside and Towing

827 Jones Street

Gadsden, AL 35901

(256) 691-9162

 

May 24 & 31, 2019