Legals for 12/01/2023 – 12/07/2023

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by MORIAH CHEYENNE MENDOZA, UNMARRIED WOMAN, to CADENCE BANK on NOVEMBER 10, 2021, said mortgage being recorded in the Office of the Judge of Probate of ETOWAH County, Alabama, at INSTRUMENT NO. 3530743, the undersigned CADENCE BANK, as mortgagee (or 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, at the entrance of the Courthouse of ETOWAH County, Alabama, on DECEMBER 13, 2023, between the legal hours of sale, the following described real estate situated in ETOWAH County, Alabama, to wit:

LOT NUMBER TEN (10) IN WINDY HILLS SUBDIVISION, ACCORDING TO THE MAP RECORDED IN PLAT BOOK “H”, PAGE 135, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA; LYING AND BE-ING IN ETOWAH COUNTY, ALABAMA

Subject to all zoning, easements, restrictions, restrictive covenants and reservations appearing of record. Said sale will also be made subject to any Federal Tax Liens, Ad Valorem Real Estate Taxes and\or Special Assessments of any nature, if any, which might adversely affect the title to the property. The property is being sold “as is, where is”. Said property is sold without warranty or recourse, expressed or implied as to title, use, enjoyment or condition. The mortgagee or transferee reserves the right to bid for and purchase the real estate and credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

All bidders will be required to execute a bidding agreement prior to sale. Copies of the bidding agreement may be obtained prior to the sale. The successful bidder will be required to pay the bid amount at the time of sale in cash or certified funds.

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 attorneys fees and expenses of foreclosure. This sale is subject to cancellation or post-ponement.

CADENCE BANK,

Mortgagee-Transferee

Leonard N. Math

Chambless Math ❖ Carr, P.C.

P.O. Box 230759

Montgomery, Alabama 36123-0759

334-272-2230

November 17, 24, and December 1, 2023

____________

NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by J.T. Johnson Jr. and wife, Delicia M. Johnson, husband & wife, to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Best Rate Funding Corp., its successors and assigns, on December 20, 2006, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on January 5, 2007, as Document Number 3262552. Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2007-1 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-1, the current holder, 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 Etowah County Courthouse, in Gadsden, Alabama, on December 15, 2023, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBER 5, PLUS THE NORTH 58 FEET OF LOT NUMBER 6, IN BLOCK “A”, OF SLIGH SUBDIVISION, AS RECORDED IN PLAT BOOK “F”, PAGE 213, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.

More commonly known as: 120 Charley Street, Gadsden, AL 35901

This Property will be sold on as “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 part of the foreclosure process. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure. The successful bidder must tender certified funds by noon the next business day to Law Office of Halliday, Watkins & Mann, P.C.  Certified funds must be in the form of a wire transfer, bank or credit union’s cashier’s check, or bank official check payable to Halliday, Watkins & Mann, P.C. Halliday, Watkins & Mann, 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. If sale is voided, Mortgagee/Transferee shall return the bid amount to the successful purchaser and the Mortgagee/Transferee shall not be liable to the purchase for any damages. If the sale is set aside for any reason, the purchaser at the sale shall be only entitled to a return of the deposit and bid amount, if paid. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit is purchase price against the expenses of sale and indebtedness secured by the real estate. This sale is subject to postponement or cancellation.

Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2007-1 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-1 (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

November 17, 24, and December 1, 2023

___________

FORECLOSURE NOTICE

Default having been made in the payment of the indebtedness secured by the mortgage given by Ashleigh Aldridge and husband, Jeff Aldridge, as Mortgagor, to Joe E. Gamberi, Jr., and Frank Minogue, as Mortgagee, dated May 3, 2004, and recorded as Document M-2004-1867, Probate Office, Etowah County, Alabama, and the Mortgagee, 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 Mortgagee will sell, at public outcry to the highest bidder for cash, in front of the courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on December 7, 2023, the following described property to-wit:

Lot Number Seven (7), of Parcel Number Seven (7), of Cone Mills Corporation, Dwight Division, according to the plat or map thereof as the same appears of record in Plat Book “F”, pages 51-65, Probate Office, Etowah County, Alabama.

Said property will be sold on an “as-is, where is” basis subject to any easements, encumbrances, and exceptions of record, and without warranty or recourse, expressed or implied as to title, use and/or enjoyment, and subject to the right of redemption of all parties entitled thereto.  Said sale will be made for the purpose of paying the indebtedness secured by said mortgage and the proceeds thereof will be applied as provided by the terms of said mortgage.  The successful bidder must tender a non-refundable deposit of $5,000.00 payable to the person conducting the foreclosure sale 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 after the sale at the office of the person conducting the sale.  If not so paid, Mortgagee reserves the right to award the sale to the next highest bidder. 

This the 14th day of November, 2023.

Joe E. Gamberi, Jr., and Frank Minogue, Mortgagee

/s/ James C. Inzer, III

Inzer, Haney, McWhorter, Haney & Skelton, LLC

Attorney for Mortgagee

November 17, 24, and December 1, 2023

____________

NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made of the terms of the loan documents secured by that certain mortgage executed by Don F Bradford And Phyllis M Bradford Husband And Wife to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for RBC Mortgage Company, its successors and assigns dated November 4, 2003; said mortgage being recorded on November 10, 2003, as Instrument No. M-2003-5820 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to PNC Bank, National Association in Instrument 3394011 in the Office of the Judge of Probate of Etowah County, ALABAMA.

The undersigned, PNC Bank, National Associationunder 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 (be-tween 11am and 4pm), on the 22nd day of December, 2023 the following property, situated in Etowah County, Alabama, to-wit:

A parcel of land described as beginning at a point which is the Northernmost corner of Lot Number 30; thence from said point of beginning, run South 35 degrees 44 minutes West along the Northwest line thereof and the Northwest line of Lot Number 29 a distance of 181.10 feet to a point; thence run South 54 degrees 16 minutes East a distance of 256.0 feet to a point; thence run North 35 degrees 44 minutes East a distance of 13.50 feet to a point; thence run South 54 degrees 16 minutes East a distance of 94.0 feet to a point in the Southeast line of said Lot Number 29; thence run North 35 degrees 44 minutes East along said Southeast line and the Southeast line of aforesaid Lot Number 30 a distance of 167.60 feet to the Eastern-most corner thereof; thence run North 54 degrees 16 minutes West along the Northeast line of said Lot Number 30 a distance of 350.0 feet to the point of beginning. Said parcel of land em-bracing all of Lot Number 30 and portions of Lot Number 29, in Block Number 1 of Mountain Brow Estates, as recorded in Plat Book ’F’, page 205, Probate Office, Etowah County, Alabama, and lying in Gadsden, Etowah County, Alabama.

Said property is commonly known as 1507 Bellevue Drive, Gadsden, AL 35904.

Should a conflict arise between the property address and the legal description the legal de-scription will control.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all out-standing liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned.  The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.

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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.

PNC BANK, NATIONAL ASSOCIATION

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(205) 216-4238

FT21@mccalla.com

File No. 22-03755AL

www.foreclosurehotline.net

November 17, 24, and December 1, 2023

___________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mort-gage executed by Austin Wright, a married man and Shannon Wright, his wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc., on January 3, 2017, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3445107; the undersigned Rocket Mortgage, LLC f/k/a Quicken Loans, LLC f/k/a Quicken Loans 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 31, 2024, during the legal hours of sale, all of its rights, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit: Lot Number Nine-teen (19) in Southside Heights, according to the map or plat thereof recorded in Plat Book “I”, Page 39, Probate Office, Etowah County, Alabama.. Property street address for informational purposes: 5630 Leota Road E , Southside, AL 35907. 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 ex-ist 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 Tiffany & Bosco, P.A. at the time and place of the sale. The balance of the purchase price plus any deed recording costs and transfer taxes must be paid in certified funds by noon the next business day at the Law Office of Tiffany & Bosco, P.A. at the address indicated below. Tiffany & Bosco, P.A. 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.

Rocket Mortgage, LLC f/k/a Quicken Loans, LLC f/k/a Quicken Loans Inc.,

(“Transferee”) Tiffany & Bosco, P.A.,

2501 20th Place South, Suite 300,

Homewood, AL 35223

www.tblaw.com

TB File Number: 23-06655

December 1, 8, and 15, 2023

___________

FILE CLAIMS

Lee Johnson was/were appointed Personal Representative(s) on 10/25/2023 to the Estate of Barbara Jane 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

November 17, 24, and December 1, 2023

__________

FILE CLAIMS

Emily Hawk Mills was/were appointed Personal Representative(s) on 09/26/2023 over the Estate of Danny Juan Sumpter, 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

November 17, 24, and December 1, 2023

___________

FILE CLAIMS

Rebecca Carol Wilcutt was/were appointed Personal Representative(s) on 10/31/2023 to the Estate of Violet Eyvonne Rich Campbell, 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

November 17, 24, and December 1, 2023

__________

FILE CLAIMS

Roslyn Gilson Jones was/were appointed Personal Representative(s) on 10/30/2023 to the Estate of Jack R. Gilson, 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

November 17, 24, and December 1, 2023

___________

FILE CLAIMS

Alethia Ahmed-Parkin was/were appointed Personal Representative(s) on 11/01/2023 to the Estate of Cornelius McCrary, 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

November 17, 24, and December 1, 2023

___________

FILE CLAIMS

Brandon Chad Nelson was/were appointed Personal Representative(s) on 10/30/2023 to the Estate of Lana Lutes Nelson, 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

November 17, 24, and December 1, 2023

___________

FILE CLAIMS

Sandra T. Lasseter was/were appointed Personal Representative(s) on 11/01/2023 to the Estate of Robert T. Lasseter, 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

November 17, 24, and December 1, 2023

___________

FILE CLAIMS

Valerie Wilbourn was/were appointed Personal Representative(s) on 11/08/2023 to the Estate of Jerry Lee Lipscomb, 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

November 24, December 1, and 8, 2023

___________

FILE CLAIMS

Heidi La-Rae Duncan was/were appointed Personal Representative(s) on 10/02/2023 to the Estate of Sheila Denise Patterson, 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

November 24, December 1, and 8, 2023

__________

FILE CLAIMS

Bertha Street Collins was/were appointed Personal Representative(s) on 10/05/2023 over the Estate of Jonathan Keith Collins, 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

November 24, December 1, and 8, 2023

____________

FILE CLAIMS

Charles Oliver Allen Sweat was/were appointed Personal Representative(s) on 10/13/2023 to the Estate of Rebecca Joy Smith Sweat, 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

December 1, 8, and 15, 2023

___________

FILE CLAIMS

Billy Scott Hunt was/were appointed Personal Representative(s) on 11/15/2023 to the Estate of Billy Fred Hunt, 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

December 1, 8, and 15, 2023

___________

FILE CLAIMS

Jeanna R. Jackson, Foster F. Garrett and Pellie R. Thomas was/were appointed Personal Co-Representative(s) on 10/19/2023 to the Estate of Mary Ruth Garrett, 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

December 1, 8, and 15, 2023

___________

FILE CLAIMS

Skylar Hixon was/were appointed Personal Representative(s) on 10/26/2023 to the Estate of Mark Dudley Hixon, 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

December 1, 8, and 15, 2023

____________

FILE CLAIMS

Richard Austin Carroll was/were appointed Personal Representative(s) on 08/09/2023 to the Estate of Marilyn Richard Carroll, 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

December 1, 8, and 15, 2023

___________

FILE CLAIMS

Kenneth Wayne Brogdon was/were appointed Personal Representative(s) on 08/09/2023 to the Estate of Kenneth Warren Brogdon, 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

December 1, 8, and 15, 2023

____________

FILE CLAIMS

Michael S. Ramey was/were appointed Personal Representative(s) on 10/27/2023 to the Estate of Jean Chapman Ramey, 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

December 1, 8, and 15, 2023

____________

FILE CLAIMS

Mark Lytle was/were appointed Personal Representative(s) on 10/03/2023 to the Estate of Anita Griffith Hill, 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

December 1, 8, and 15, 2023

___________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: AMOS MOORE, INCAPACITATED,

Case #: 2023-101

TO: Any interested party

Please take notice that a PETITION FOR THE SALE OF REAL PROPERTY belonging to the above referenced incapacitated individual was filed in the Office of the Judge of Probate, and further, that the 10th day of January,  2024 at 2:15 p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 27TH DAY OF NOVEMBER 2023.

Scott W.  Hassell

PROBATE JUDGE

December 1, 8, and 15, 2023

___________

NOTICE OF FILING OF PETITION TOPROBATE WILL

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

THE ESTATE OF Clifford L. Heard, deceased

CASE NO.: 2023 – 00161

IN RE: To: Kristopher Heard, daughter of Clifford L. Heard Address Unknown

On the 19th day of May 2023, a Petition to Probate Will was filed in the Probate Court of Etowah County, Alabama by Beannettta Smith, as Petitioner, and that the 18th day of Decem-ber  2023 at 10:00 o’clock a.m., has been appointed as the day for hearing said petition, at which time you may appear and contest the same, if you deem it proper to do so.

Given under my hand and seal of the Court this 14th day of November 2023.

Scott w. Hassell

Judge of Probate

November 17, 24, and December 1, 2023

____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: KENNETH E. DEAN, ALLEGED INCAPACITATED,

Case #: 2023-413

TO: Freddie Dean and Any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and further, that the 12 day of DECEMBER 2023 at 1:00 p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 9TH DAY OF NOVEMBER 2023.

Scott Hassell

PROBATE JUDGE

November 17, 24, and December 1, 2023

____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: JANIE MINTON,

ALLEGED INCAPACITATED,

Case #: 2023-287

TO: William Dennis Burchette and Any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and further, that the 18 day of DECEMBER 2023 at 2:30 p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 15TH DAY OF NOVEMBER 2023.

Scott Hassell

PROBATE JUDGE

November 17, 24, and December 1, 2023

___________

LEGAL NOTICE

Notice is hereby given on Tuesday December 5, 2023 at 10:00 am., a hearing is set to be heard in Probate Office on the disposition of the remains of Pamela Lancaster, D.O.B. 02/20/1960, D.O.D. 11/27/23.  Last known address: 10935 US HWY 278 East Piedmont, Al. 36272

December 1, 2023

___________

ORDER FOR PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

STANSELL BRIAN,

Plaintiff,

V.

ADAMS CARL LEWIS,

ADAMS GAIL ELIZABETH,

Case No.: CV-2023-900250.00

ALABAMA MEDICAID AGENCY, Defendants.

The Defendants, Carl Lewis Adams and Gail Elizabeth Adams, whose whereabouts are unknown, and any other persons claiming any present, future, contingent, remainder, reversion, or other interest in the lands described below, must answer Plaintiff’s Complaint filed in the above referenced court and case number within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the above-styled case.

The subject property is described as follows:

Lot 29 in Block

Block 38, in Garden City Residential Subdivision No. 2, as recorded in Plat Book “C”, Pages 410-411, in the Probate Office of Etowah County, Alabama

DONE this 14th day of September 2023.

/s/ CODY D. ROBINSON

CIRCUIT JUDGE

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

(256) 547-7200 phone

(256) 467-6322 fax

November 10, 17, 24, and December 1, 2023

___________

LEGAL NOTICE

CIRCUIT COURT OF ETOWAH COUNTY

STATE OF ALABAMA

CIVIL ACTION NO.: CV-2023-900467

BETTY JO OSBORN V. ALEX WOOD, OPAL B. VANN, AND A PARCEL OF REAL ESTATE SITUATED IN ETOWAH COUNTY, ALABAMA

NOTICE OF IN REM ACTION PURSUANT TO ALABAMA CODE § 6-6-564 AND OTHER CONTROLLING LAW

To: Alex Wood, Opal B. Vann (individually, and in her capacity as personal representative of the Estate of Garner H. Vann, deceased), and all individuals and entities that may claim an ownership interest in the real estate described below:

Take notice that an in rem action has been filed in the Circuit Court of Etowah County, Alabama, in civil action no.: CV-2023-900467, styled as Betty Jo Osborn, individually, and in her capacity as personal representative of the Estate of Joel V. Osborn, deceased, and in her capacities as trustee and beneficiary of the Joel V. Osborn Revocable Trust v. Alex Wood; Opal B. Vann, individually and in her capacity as personal representative of the Estate of Garner H. Vann; a parcel of real estate in Etowah County, Alabama, described as: “LOT NO. 8 IN BLOCK NO.  3 OF THE  ORIGINAL  SURVEY  OF THE  CITY  OF  ATTALLA, ALABAMA, AND A PART OF LOT NO. 7 IN BLOCK NO. 3 DESCRIBED AS FOLLOWS: BEGIN AT THE S.E. CORNER OF LOT NO. 7 AND FROM THENCE GO IN A WESTERLY DIRECTION AND ALONG THE NORTH RIGHT-OF-WAY LINE OF FIFTH AVENUE, A DISTANCE OF 3.5 FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION WITH A DEFLECTION ANGLE OF 87 DEGREES 56’ TO THE RIGHT A DISTANCE OF 109 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION AND PARALLEL TO THE NORTH LINE OF FIFTH AVENUE A DISTANCE OF 7.65 FEET TO A POINT IN THE EAST LINE OF SAID LOT NO. 7; THENCE IN A SOUTHERLY DIRECTION AND ALONG THE EAST LINE OF LOT NO. 7 A DISTANCE OF 108.8 FEET TO THE S.E. CORNER THEREOF AND THE POINT OF BEGINNING, SAID PROPERTY LYING AND  BEING IN ETOWAH COUNTY, ALABAMA; “ and fictitious defendants A-C, being those individuals and/or entities that claim any ownership or interest in the subject real estate, whose identities are currently unknown. Alex Wood, Opal B. Vann, and any entity or individual that claims any ownership or interest in said parcel of real estate must file an answer to said action on or before thirty (30) days from the date of the last publication of this notice, or judgment may be entered affecting your ownership and/or interest in said parcel of real estate. Your answer must be filed with the undersigned Circuit Court Clerk and copied to Bradley W. Cornett, attorney for plaintiff, 140 South 9th Street, Gadsden, Alabama 35901. 

Done this the 9th day of November 2023.

Cassandra Johnson

Circuit Court Clerk of Etowah County, Alabama

801 Forrest Avenue, Suite 202

Gadsden, Alabama 35901

November 17, 24,

December 1 and 8, 2023

_____________

NOTICE OF PETITION FOR LETTERS OF GUARDIANSHIP AND PETITION FOR LETTERS OF CONSERVATORSHIP

Notice to: Brian Sims, whose last known address is 210 Oak Street, Leesburg, Alabama 3583

Tiffany Bevels, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Contina Sims and a Petition for Letters of Conservatorship over the estate of Contina Sims was filed by Gadsden Regional Medical Center on the 9th day of November, 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 18 day of DECEMBER 2023 at 2:00 o’clock p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

November 17, 24, and December 1, 2023

____________

NOTICE OF DIVORCE ACTION

BRITTANY GARCIA, whose whereabouts is unknown, must answer the complaint of Joaquia Garcia-Bautista, by answering a divorce and other relief, 30 days from the date of the last publication or thereafter a judgement of default may be rendered against her in Civil Action No.: DR-23-900298, Circuit Court of Etowah County, Alabama.

Dated November 13, 2023.

Cassandra Johnson

Circuit Clerk

John D. Floyd, Attorney for Plaintiff

808 Chestnut Street

Gadsden, AL. 35901

256-547-6328

November 17, 24, December 1 and 8, 2023

____________

NOTICE OF COMPLAINT FOR BILL TO QUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

ABDULLAH KHAN, Plaintiff,

v.

CV-2022-900266.00

THOMAS ADERHOLT; ALICIA,

WALKER; MICHAEL NIX

or fictitious defendants, A-Z,

including the Current Resident(s)

and any other Persons claiming any

future, contingent, revisionary

remainder, or other interest

in the below-described property or who

may claim an interest in such, and

A Parcel of land described as: 301 TAYLOR RD. GLENCOE, AL 35905 BEG NE COR LT 34 TH W 150’ (S) TH S 100’(S) TH E 125’ (S) TO W SIDE TAYLOR RD TH N ON W SIDE SAID RD 100’(S) TO POB PT LTS 34 & 35 BLK C SIMS ADD C-227 GLENCOE BLK C IN SEC 29 TWP 12S R7E.

TAX PARCEL ID NO. 14-09-29-0-001-056.000

The Defendant(s) THOMAS ADERHOLT; ALICIA WALKER; MICHAEL NIX and/or his/her/their heirs or next of kin, and any other individuals who may claim an interest in the aforementioned property, whose whereabouts are unknown, must answer the Complaint/Bill to Quiet Title filed by ABDULLAH KHAN within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the aforementioned case.

Done this, the 6th day of November 2023.

CASSANDRA JOHNSON,

Clerk of the Etowah County Circuit Court

Attorney Megan Huizinga

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

(256) 547-7200

(256) 467-6322 fax

November 10, 17, 24, and December 1, 2023

______________

LEGAL PUBLICATIONNOTICE

NOTICE IS HEREBY GIVEN that the City of Rainbow City, Alabama’s Appropriate Municipal Official, pursuant to Ordinance No. 565, has made a finding that a building located on the following described property is a dangerous building because it is unsafe to the extent that it is a public nuisance and is subject to demolition:

STREET ADDRESS:

215 Palace Avenue, Rainbow City, AL 35906

LEGAL DESCRIPTION:

Lots Thirteen (13) and Fourteen (14) in Block Three (3) of Rainbow Park Allotment, as shown by plat of said allotment recorded in the Office of the Probate Judge of Etowah County, Alabama, in Plat Book “C” pages 18 and 19, said property lying and being in Etowah County, Alabama

PARCEL IDENTIFICATION NUMBER:

15-09-29-1-000-135.002

INTERESTED PARTIES:

Deborah Bates

Any and all other unknown heirs, claimants or interested parties claiming any right, title, estate, lien, or interest in the real estate described herein.

All persons interested in said property are hereby notified that if the unsafe or dangerous condition is not remedied by demolition of said building on said property within 45 days of November 7, 2023, the demolition will be accomplished by the City and the cost thereof assessed against said property. In the meantime, it is ordered that said building and said property be and remain vacated.

A public hearing as provided for by Section 8(a) set forth in Ordinance No. 565 will be held on this matter in the Council Chambers at the Rainbow City Hall, 3700 Rainbow Drive, Rainbow City, Alabama, on January 22, 2024, at 5:00 p.m. Anyone interested in the status of these proceedings should inquire with the Rainbow City Clerk at (256) 413-1217 or at 3700 Rainbow Drive, Rainbow City, Alabama.

November 10, 17, 24, and December 1, 2023

____________

NOTICE OF COMPLAINT

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

MARIA L. ROGERS, Plaintiff,

V.

CV-2023-900362

A PARCEL OF LAND DESCRIBED AS FOLLOWS:

Lot 87 in Parcel 5 in Cone Mills Corporation, Dwight Division, Alabama City, according to the map or plat thereof as recorded in Plat Book “F”, Page 59, in the Probate Office of Etowah County, Alabama and CARL LASHANE SMITH and SARINA SMITH, Defendants.

The Defendants, whose whereabouts are unknown, must answer Plaintiff’s Complaint within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the aforementioned case.

Done the 23 day of October, 2023

CASSANDRA JOHNSON,

Clerk of the Circuit Court of Etowah County

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

(256) 547-7200 phone

(256) 467-6322 fax

November 10, 17, 24, and December 1, 2023

_____________

NOTICE TO KRISTEN MARIE DEES OF COMPLAINT FOR DIVORCE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

DR-2023-900235

Adham Elashry, Plaintiff

V.

Kristen Marie Dees,

Defendant

Kristen Marie Dees, who is named as the Defendant in the above-styled case and whose whereabouts are unknown, must answer the Plaintiff’s Complaint for Divorce

that has been filed in this case. You must answer the Complaint within thirty (30) days

of the completion of the publication or thereafter a default judgment for divorce and

other relief may be rendered against you.

Done the 5th day of October 2023.

Cassandra Johnson,

Clerk of the Circuit Court of Etowah County

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

(256) 547-7200 phone

(256) 467-6322 fax

November 10, 17, 24, and December 1, 2023

____________

NOTICE OF CONDEMNTION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-23-53-GCD

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

PLAINTIFF

$4,065.68 U.S. Currency,

DEFENDANT

In Re:  Willard Pierre Lowery, III

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 12th day of January 2024.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said property.

DONE this the 16th day of November 2023.

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

December 1, 8, 15, and 22, 2023

____________

NOTICE OF CONDEMNTION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-23-900275-CDR

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

PLAINTIFF

$3,229.00 U.S. Currency,

9 Gambling Devices

DEFENDANT

In Re:  Jeffery Eugene Phifer

117 St. Thomas Drive

Rainbow City, AL. 35906

Property Seized From:

339 Woodland Drive

Rainbow City, AL. 35906

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

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 and devic-es.  You are hereby notified that you must answer said Complaint by the 2nd day of February 2024.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said property.

DONE this the 28th day of November 2023

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

December 1, 8, 15, and 22, 2023

___________

PUBLIC NOTICE

Be it known that James Parker, Kershaw Bluffs, LLC and Medlin Gordan, LLC being the owners  of property abutting a portion of Kershaw Quarters Road lying in Section 5, T-11-S, R-8-E and  shown on the Etowah County tax map as being 60’ in width, hereby request the Etowah County  Commission to vacate said portion of Kershaw Quarters Drive Road being further described as  follows: 

All of the prescriptive right-of-way of a portion of Kershaw Quarters Road lying left and right of  a centerline lying within Section 5, T-11-South, R-8-East and being further described as follows:  The Point of Commencement being the intersection of Kershaw Quarters Road centerline with  the East line of Section 5, Township 11-South, Range 8-East. From said Point of Commencement  run along a curve to the right having a Delta of 10° 32’ 47”, Radius: 550.68’, Tangent: 50.83’,  Chord Bearing: S 84° 20’ 30” W, Chord Length: 101.22’, a distance of 101.36’; thence run S 89°  36’ 54” W a distance of 114.65’ to a point in line with the existing tree line lying north of  Kershaw Quarters Road, said point being the Point of Beginning. From said Point of Beginning  run S 89° 36’ 54” W a distance of 546.95’; thence run S 88° 47’ 22” W a distance of 757.46’ to a  ford crossing at the intersection with the main channel of Ballplay Creek located in the East ½ of  Section 5, T-11-S, R-8-E and the end of said description. 

This matter will be considered at the 12-5-2023 Etowah County Commission meeting at 9:00 am  at the Etowah County Commission Office, 800 Forrest Avenue, Gadsden, Alabama 35901.

November 10, 17, 24, and December 1, 2023

_____________

PUBLIC MEETING NOTICE

The Fords Valley & Highway 278 Water Cooperative will a hold a public meeting on Tuesday, December 12, 2023, at 5:30 p.m. at the office of the Water Cooperative located at 9529 U.S. Highway 278 E, Piedmont, Alabama 36272 to discuss the Environmental Information Document (EID) and related items required as part of the submission of an application for funding through the Drinking Water State Revolving Water Fund – Alabama Rescue Plan Act (DWSRF/ARPA) as administered by the Alabama Department of Environmental Management (ADEM). This application will address the construction of a deep water well new and water distribution system mains improvements.  A copy of the EID will be available for review at the office of the Fords Valley & Highway 278 Water Cooperative.

Any person with a disability or communication impairment should contact the Water Coopera-tive at (256) 492-3080 if special accommodation is needed. The Water Cooperative will at-tempt to satisfy all reasonable requests.

November 10, 17, 24, and December 1, 2023

____________

PUBLIC NOTICE 

Be it known that on 11-21-2023 the Etowah County Commission voted to vacate Brow Cutoff, Etowah County, Alabama. Said portion of road being in Section 8, T-10-S, R-6-E of the Huntsville Meridian, Etowah County, Alabama. The resolution to vacate said roadway does hereby destroy the force and effect of any dedication of said roadway because of its appearance on the map of Etowah  County, Alabama.

December 1, 2023

___________

ORDINANCE NO. O-73-23

Authorizing Conveyance of Certain Property to the Gadsden Land Bank Authority

Whereas, the City of Gadsden owns certain properties that are currently vacant or underutilized; and

Whereas, the City of Gadsden desires to address blight, promote residential development, and improve the quality of life for its residents;

Whereas, Gadsden Land Bank Authority was established to help facilitate returning vacant and blighted properties to productive use, thereby contributing to an increase in the properties’ taxable value and subsequently bolstering the county property tax roll; and

Whereas, the transfer of City-owned properties to the Gadsden Land Bank Authority can help achieve these goals; and

Whereas, pursuant to a Warranty Deed dated July 21, 2020, the City of Gadsden owns property located at 1300 Monte Vista Drive; and

Whereas, pursuant to a Warranty Deed dated September 26, 2014, the City of Gadsden owns property located at 815 Heard Avenue; and

Whereas, pursuant to a Warranty Deed dated February 19, 2019, the City of Gadsden owns property located at 523 Evans Street; and

Whereas, pursuant to a Warranty Deed dated February 20, 2009, the City of Gadsden owns property located at 1323 Alabama Street; and

Whereas, pursuant to a Warranty Deed dated May 11, 2020, the City of Gadsden owns property located at 203 South 14th Street; and

Whereas, pursuant to a Warranty Deed dated February 28th, 2011, the City of Gadsden owns property located at 1521 4th Avenue; and

Whereas, pursuant to a Quitclaim Deed dated May 3, 2001, the City of Gadsden owns property located at 1410 4th Avenue; and

Whereas, pursuant to a Warranty Deed dated December 22, 2015, the City of Gadsden owns property located at 1404 Hill Avenue; and

Whereas, pursuant to a Quitclaim Deed dated March 27, 2008, the City of Gadsden owns prop-erty located at 2309 Sansom Avenue; and

Whereas, pursuant to a Warranty Deed dated July 1, 2010, the City of Gadsden owns property located at 2107 Hill Avenue; and

Whereas, pursuant to a Warranty Deed dated March 2, 2015, the City of Gadsden owns proper-ty located at 2708 Hickory Street; and

Whereas, pursuant to a Warranty Deed dated October 29, 2009, the City of Gadsden owns property located on Ellis Avenue; and

Whereas, pursuant to a Warranty Deed dated February 4, 2020, the City of Gadsden owns property located at 912 Willow Street; and

Whereas, pursuant to a Warranty Deed dated March 22, 2005, the City of Gadsden owns prop-erty located at 1103 Randall Street; and

Whereas, pursuant to a Warranty Deed dated May 15, 2015, the City of Gadsden owns property located at 1510 Roosevelt Avenue; and

Whereas, pursuant to a Warranty Deed dated May 11, 2021, the City of Gadsden owns property located at 3610 Georgia Avenue; and

Whereas, pursuant to a Warranty Deed dated March 8, 2017, the City of Gadsden owns property located at 508 Wilson Street; and

Whereas, pursuant to a Quitclaim Deed dated June 17, 2014, the City of Gadsden owns proper-ty located at 3600 Margaret Avenue; and

Whereas, pursuant to a Warranty Deed dated March 13, 2015, the City of Gadsden owns prop-erty located at 310 Uriah Avenue; and

Whereas, pursuant to a Warranty Deed dated May 6, 2016, the City of Gadsden owns property located at 542 Tyler Street; and

Whereas the Gadsden Land Bank Authority desires to obtain the above properties; and

Whereas, it is in the best interest of the City to transfer the above properties to the Gadsden Land Bank Authority. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALA-BAMA, as follows:

1. The above real property is not needed for any municipal or public purpose.

2. The Mayor is hereby authorized to execute a quit claim deed to and in favor of the Gadsden Land Bank Authority for the following properties:

1300 Monte Vista Drive, Gadsden, Alabama 35904

815 Heard Avenue, Gadsden, Alabama 35901

523 Evans Street, Gadsden, Alabama 35901

542 Tyler Street, Gadsden, Alabama 35901

1323 Alabama Street, Gadsden, Alabama 35901

203 South 14th Street, Gadsden, Alabama 35901

1521 4th Avenue, Gadsden, Alabama 35901

1404 Hill Avenue, Gadsden, Alabama 35904

2309 Sansom Avenue, Gadsden, Alabama 35904

2107 Hill Avenue, Gadsden, Alabama 35904

2708 Hickory Street, Gadsden, Alabama 35904

Ellis Avenue, Gadsden, Alabama 35904

912 Willow Street, Gadsden, Alabama 35901

1103 Randall Street, Gadsden, Alabama 35901

1510 Roosevelt Street, Gadsden, Alabama 35904

3610 Georgia Avenue, Gadsden, Alabama 35904

508 Wilson Street, Gadsden, Alabama 35904

3600 Margaret Avenue, Gadsden, Alabama 35904

310 Uriah Avenue, Gadsden, Alabama 35904

542 Tyler Street, Gadsden, Alabama 35901

Adopted by the City Council of Gadsden, Alabama, at a meeting held on November 7, 2023.

Iva Nelson, City Clerk

December 1, 2023

__________

ORDINANCE NO. O-74-23

Amending City Code Section 106-87 and Section 106-88

Regarding Solid Waste Collection and Disposal

Whereas, the current practice of curbside pickup of household items has led to issues such as illegal dumping, unsightly streets, and inefficient waste management; and

Whereas, alternative waste disposal and recycling options are readily available to residents of the City; and

Whereas, it is in the best interests of the City of Gadsden to encourage residents to utilize the City’s sanitary landfill and recycling center;

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

Section 1.

Sec. 106-87. Curbside collection; disposal at landfill.

(a) The city will provide yard debris curbside collection to all residential units except multifamily residences as defined in subsection 106-73(b). The service will be provided on a periodic basis as is deemed necessary to provide clean and sanitary conditions within the city.

(b) Reserved.

(c) Reserved.

(d) In placing yard debris out for disposal, brush and tree limbs shall not be located as to impede or obstruct or divert either pedestrian or vehicular traffic or the flow of surface water or block drains.

(e) Debris from tree cutting or trimming that is performed by a contractor or person other than the property owner or occupant will not be collected by the city. It shall unlawful for the contractor or other person performing the cutting or trimming to fail to remove and dispose of the cut material in an appropriate manner. It shall be unlawful for the property owner or tenant to fail to ensure that all debris is removed by the con-tractor or other person performing the cutting or trimming and disposed of in an appro-priate manner.

(f) Tree limbs and trunks shall be limited to that which is no more than ten inches in diam-eter and no more than six (6) feet in length. No items shall be placed on the curbside any earlier than three days before the date scheduled by the public works department for pickup. 

(g) It shall be unlawful for an owner or occupant to place large household goods, such as couches, mattresses, carpets, refrigerators, furniture, appliances, etc., on the curbside without first obtaining a disposal permit to the Revenue Department, 256-549-4721. No items will be placed earlier than three (3) days before the date scheduled by the Public Works Department for pickup to dispose. The cost of such disposal permit shall be $100.00 and must be paid before a pickup is scheduled. Additional fees shall apply when items exceed the capacity of a four (4) yard dumpster. Disposal permit and scheduled pickups shall not apply to rental property move-outs or residential clean-outs as deter-mined by the Director of Public Works. Exemptions granted under Section 106-71 shall apply to the cost of obtaining a disposal permit.

(h) Leaves and grass clippings may be placed in trash bags.

Section 2.

Sec. 106-88. Transfer station and inert landfill user fees.

(a) The following fees apply for use of the inert landfill:

(1) For disposing of all trash and rubbish, other municipalities shall pay a $10 inert landfill usage fee plus $50.00 per ton, which shall be billed monthly.

(2) Private commercial trash and rubbish collectors shall pay a $10 inert landfill usage fee plus $50.00 per ton.

(3) A nonresident of the city disposing of trash and rubbish shall pay a $10.00 inert landfill usage fee plus $50.00 per ton.

(4) The director of public works shall collect these sums prior to the disposal of any trash or rubbish and shall promptly remit same to the finance department.

(5) A resident of the city shall be charged a discounted inert landfill user fee of $5.00 for dumping from an automobile or from a truck that weighs three-quarters ton or less and does not have a stake body. Residency must be verified by valid evidence such as driver’s license, car tag receipt, tax notice, water bill, etc.

(6) All users of the inert landfill shall be charged a $1.00 per ton ADEM fee Collection of said fee shall be maintained in a separate account and submitted to ADEM each quarter.

(7) All users of the inert landfill shall be charged a $2.00 per ton environmental fee. Collection of said fee shall be applied to the cost of monitoring explosive gas and maintenance of landfills.

(b) No tires shall be dumped at the inert landfill.

(c) The following fees apply for use of the transfer station: $50.00 per ton of garbage or $10.00 per ton above the cost paid by the city under contract, whichever is greater.

(d) By June 1 of each year, the Director of Public Works shall make recommendations to the  mayor and council regarding adjustments to the transfer station and inert landfill user fees based, in part, on a market analysis within the local geographic area and the expenses associated with operating, maintaining, and expanding the city’s transfer station and inert landfill.

(e) In this section the term “inert landfill” means construction and demolition debris and inert material. The term “inert landfill” does not include garbage.

Section 4. The section, subsections, paragraphs, sentences, clauses, and phrases of this ordi-nance are severable.  If any section, subsection, paragraph, sentence, clause, and phrase of this ordinance is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this ordinance.  The city council declares that it is its in-tent that it would have enacted this ordinance without such invalid or unconstitutional provi-sions. 

Section 5. The provisions of this ordinance repeal any prior ordinance or provision of the Gadsden City Code to the extent of any conflict.

Section 6.  This ordinance shall become effective on December 1, 2023.

Adopted by the City Council of Gadsden on November 14, 2023.

Iva Nelson, City Clerk

December 1, 2023

__________

ORDINANCE NO. O-75-23

Amending City Code Chapter 18 – BUILDINGS AND BUILDING REGULATIONS

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

Section 1. Chapter 18 of the Code of Ordinances of the City of Gadsden is amended by add-ing the following:

ARTICLE XI. – SHORT TERM RENTALS

Sec. 18 -542. – Definitions

When used in this chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this Section, except where the context indicates a different meaning.

Short-term rental (STR) means renting a dwelling or any portion thereof for less than 30 consecutive days.

Transient shall mean those persons (whether one or more) who reside, possess, or inhabit an STR.

Sec. 18-543. – General

It shall be unlawful for a person to Rent or Lease a STR Unit in a property currently zoned as an R-1 (one-family residence) district as outlined in Chapter 130 of the City’s Code of Ordinances, provided that any such properties zoned R-1 which were granted a special exception for STR use before July 1, 2023 shall be allowed to maintain that zoning special exception use status subject to all other provisions of the law. It shall be unlawful for a Person to Rent or Lease a STR Unit without complying with the provisions of this Ordinance. The provisions of this Ordinance shall not supersede the prohibition of short-term rentals by a homeowner’s association, a controlling entity, or other covenants agreed upon by the property owner.

Sec. 18-544. – Annual Permit and Licensing

An Annual STR Permit shall be obtained for each STR owned or operated by any person or entity. The STR Permit will not be issued until all provisions of this Section are satisfied. Each person or entity shall obtain a valid and current STR Permit from the City before offering, advertis-ing, or renting a STR.

The Building Department shall be responsible for the issuance of STR permits. Each STR permit will begin on the date of issuance and expire on December 31st of each year. No permit holder shall transfer the right to operate under any permit issued under this Section to any other per-son or entity by lease, agreement, contract, or any other agreement. No permit issued under this Section may be operated or have any legal effect at any location other than those for which it is issued.

Each STR Permit application shall be accompanied by a nonrefundable fee of not less than one hundred ($100) to help defray the City’s cost of processing and reviewing the application. After January 1, 2024, this amount may be adjusted upward annually with an effective date of January 1 of the succeeding year at the recommendation of the Chief Building Official and with approval of the Mayor, but shall not exceed three hundred dollars ($300) without Council approval.

To obtain a STR Permit, the Owner or Operator of a STR shall submit an application for a STR Permit on the form provided by the City. The application shall include the name, cellular/mobile phone number, physical address, mailing address, and electronic mail (e-mail) address of the person(s) designated as the emergency contact for the STR. The emergency con-tact must be able to answer calls 24 hours a day, seven days a week for the duration of each STR period, and he or she must be able to respond within one hour to complaints about the condition or operation of the STR or conduct of renters or their guests. The emergency contact must also be able to respond on-site within 1 hour at the request of the City. Attached to the application shall be a copy of the current house rules for the STR property; a zoning verification letter from the Planning Department verifying the property is appropriately zoned or has oth-erwise been approved for the intended use of a STR; a copy of the property owner’s drivers license or government-issued identification; a list of advertising platforms intended to be used to promote or book transient occupancy of the STR; a sworn statement acknowledging receipt of this Ordinance and that the STR complies with all other City rules, regulations, and codes; and such other reasonable information as determined by the Chief Building Official, the Mayor, or their designees.

Before receiving a STR Permit from the City, the owner or operator must deliver written notice to the owners of any properties adjoining the STR applicant property and provide a copy to the Building Department. The notice must contain the following information: (1) The names, e-mail addresses, and telephone numbers of the owner and operator of the STR and the emergency contact(s); (2) The telephone number for the public to report violations to the Building Department; (3) The maximum occupancy of the STR unit as allowed in Subsection (3) herein.

Any person or entity granted an STR permit must obtain and maintain vacation rental insur-ance, short-term rental insurance, or an equivalent form of insurance coverage in addition to their homeowner’s insurance. Proof of insurance must be provided before the City issues a STR Permit. Proof of insurance must be resubmitted each year for renewal of the STR Permit.

Any Owner or Operator operating a STR within the City shall pay for and take out a Business License with the Revenue Office as outlined in Chapter 74, Article III of the City Code of Ordinances.

The person or entity granted a STR Permit and Business License shall charge, collect, report, and remit to the City all lodging taxes under Chapter 74, Article X of the City Code of Ordinances.

Sec. 18-545. – Rules and Standards

A STR shall be rented only for lodging use. A STR shall not be rented for weddings, parties, concerts, or similar events, and a STR shall not be used for such events during any rental period.

No person or entity shall display any on-premises signage legible from any public street right-of-way about any STR in a residential or nonresidential district.

Each STR must have adequate off-street parking (concrete or asphalt) to accommodate all renters’ and guest parking needs. No person shall park a recreational vehicle, bus, or trailer on the street or forward of the front building line. Subject to the limitations of parking availability within the subject property, at least one (1) designated parking space per bedroom is required at each STR for use by Transients. Transients must park all vehicles within designated parking areas of a short-term rental property. Overnight street parking by Transients is strictly prohibited. The Chief Building Official shall confirm within the contents of the STR Permit that ade-quate parking in designated areas is provided.

A copy of the STR permit, emergency contact information, and house rules, which must comply with this Ordinance, shall be posted conspicuously within the STR.

Upon notification that a renter or a renter’s guest has violated any provisions of this Ordinance or any noise, garbage, or other applicable provision of the laws, ordinances, regulations, and codes of the City, the owner, operator, or emergency contact must promptly notify the renter of the violation and take such action as is necessary to correct the violation, and prevent a recurrence.

Sec. 18-546. – Occupancy

No STR shall exceed the maximum guest occupancy of two (2) persons per bedroom or such other occupancy number as determined by the fire marshal, the City’s zoning ordinances, or the Chief Building Official.

Sec. 18-547. – Violations

Should the Building Department determine that any provisions of this Ordinance have been violated, it will provide written notice to the licensee of the violations, any corrective action required, and the due date for compliance, as applicable. The Building Department may approve an extension of the due date for compliance if substantial progress has been made toward compliance. The Building Department may, in an exercise of discretion, issue a warning to the person responsible for the violation if that person has not been previously warned or cited for violating a provision of this Section.

Should a violation have yet to be corrected by the due date for compliance, the Building Department may cause the temporary suspension of the STR Permit for units or units where the violation has persisted until the violation is corrected. When recurrent violations occur at an STR, including but not limited to noise, litter, occupancy, parking, and safety violations, the Building Department may begin revocation or suspension of the Licenses.

Should two (2) valid and substantiated complaints be received by the City’s Police Department or Building Department officials within twelve months concerning an STR property, then the Owner or Operator’s short-term rental permit for that property shall be suspended by the Building Department for no less than six (6) months.

Should an Owner or Operator have an STR permit suspended for a second time within two (2) consecutive years, then suspension of such STR permit for the second consecutive year shall be for no less than twelve (12) months.

Should an Owner or Operator have a short-term rental permit suspended for a third time with-in three (3) consecutive years, the short-term rental permit shall be revoked permanently.

Sec. 18-548. – Compliance

This Section and the provisions set forth herein shall apply to and govern all STR units within the City of Gadsden, Alabama. Any current or future owners/operators of a STR within the City shall obtain the necessary Licenses within thirty (30) calendar days of the effective date of the Ordinance adopting this Section.

Sec. 18-549. – Enforcement and Penalties

The violation of the provisions of this Section shall be an offense. Upon conviction, any person committing a violation shall be punished by a fine of no less than five hundred dollars ($500) per incident.

Sec. 18-550. – Applicability of Zoning Rules and Regulations

Nothing herein shall supersede the rules, regulations, and processes for approval as outlined in the City’s zoning ordinances. Any property that first requires approval of a special exception to its designated zoning district shall not be issued a STR Permit until first obtaining such special exception as outlined in Chapter 130 of the City’s Code of Ordinances.

Section 2. The section, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable.  If any section, subsection, paragraph, sentence, clause and phrase of this ordinance is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this ordinance.  The city council declares that it is its intent that it would have enacted this ordinance without such invalid or unconstitutional provisions.

Section 3. The provisions of this ordinance repeal any prior ordinance or provision of the Gadsden City Code to the extent of any conflict.

Section 4.  This ordinance shall become effective on January 1, 2024.

I certify that the City Council of the City of Gadsden, Alabama, duly adopted this ordinance at an open public meeting held on November 14, 2023.

Iva Nelson, City Clerk

December 1, 2023

___________

RESOLUTION NO. R-571-23

Ordering Abatement of Nuisance                                                                       

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

217 DAVIS STREET in District 1 in Gadsden, more particularly described as:

Lots Number 23 and 24 in the Jeff Davis Subdivision to East Gadsden as the same appears of record Plat Book “B”, Page 188, 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 Catherine Hoyt c/o Gaylord Hoyt, 1106 Park Avenue, 217 Davis Street;

Now, Therefore, be it resolved by the City Council of the City of Gadsden, Alabama, 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 on November 7, 2023.      

Iva Nelson, City Clerk   

December 1, 2023

__________

RESOLUTION NO. R-572-23

Ordering Abatement of Nuisance                                                                       

Whereas, the Building Official has determined that the property or condition located at 2312 HILL AVENUE in District 6 in Gadsden, more particularly described as: 

LT 7 BLK 10 OAK PARK ADD PLAT B-200 GOVT LT 10 6-12-6

Tax ID#: 15-03-06-4-000-108.000 

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 Beck & Hunt Residential LLC, 135 Ilene Street, Apt. 1A, Rainbow City, Demika Keith, 2312 Hill Avenue;

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

1. The Council finds that the property constitutes a nuisance in violation of the Code Ordi-nances 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 on November 7, 2023.                                                                                                          

Iva Nelson, City Clerk         

December 1, 2023   

___________

RESOLUTION NO. R-573-23

Ordering Abatement of Nuisance                                                                       

Whereas, the Building Official has determined that the property or condition located at 2106 MONROE STREET in District 5 in the City of Gadsden, more particularly described as: 

LEGAL DESCRIPITION:

BEG NW COR LT 1 BLK 3 SIMS SO GAD ADD RE-AR PLAT G-175 TH W 

120 ALONG S ROW OF MONROE ST TH SW 155 TH E 160 TH NW 105.9 

TH NW 54.4 TO POB LYING IN SW1/4 SW1/4 GADSDEN 

8-12-6     

Tax ID#: 15-03-08-3-000-335.002

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 Aaron B & wf Michelle C Bellew, 2106 Monroe Street;

Now, Therefore, be it resolved by the City Council of the City of Gadsden, Alabama, 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 on November 7, 2023.                                                                                                          

Iva Nelson, City Clerk         

December 1, 2023     

__________

RESOLUTION NO. R-574-23

Ordering Abatement of Nuisance                                                                       

Whereas, the Building Official has determined that the property or condition located at 702 PERKINS STREET in District 6 in Gadsden, more particularly described as: 

Legal Description:

Lts 122-123 Cone Mills Parcel #4 Plat F-57 31-11-6   

Tax ID#: 10-09-31-4-000-173.000

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 Tiffany & Danny Farmer a/k/a Danney Farmer, 702 Perkins Street;

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

1. The Council finds that the property constitutes a nuisance in violation of the Code Ordi-nances 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 at a meeting held on November 7, 2023.                                                                                                          

Iva Nelson, City Clerk        

December 1, 2023 

___________

RESOLUTION NO. R-575-23

Ordering Abatement of Nuisance                                                                       

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

323 LINCOLN STREET in District 6 in the City of Gadsden, more particularly described as:

Lot Number Two (2) in Block Number Four (4) in Walnut Park, or West Point Second Addition, according to the map thereof recorded in Plat Book “B”, Page 117, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, (Formerly Alabama City), 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 Steve McCoy, 323 Lincoln Street;

Now, Therefore, be it resolved by the City Council of the City of Gadsden, Alabama, 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 on November 7, 2023.      

Iva Nelson, City Clerk   

December 1, 2023

____________    

RESOLUTION NO. R-576-23

Ordering Abatement of Nuisance                                                                       

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

1551 LITCHFIELD AVENUE in District 1 in the City of Gadsden, more particularly described as:

Lot#11, in Block #4, in Brookwood addition to Gadsden, Recorded in Plat Book “D”, pages88 and 89, 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 Daniel Mendoza Gutierrez & Helen Patricia Figueroa Galindo, 1551 Litchfield Avenue, Fermin Rodri-guez-Sanchez, 306 County Road 253, Crossville, Eutina H. Blount, 311 Hardin Circle, Eunice Louise Hunter c/o Eutina Hunter Blount, 311 Hardin Circle, Daniel Mendoza Gutierrez & Helen Patricia Figueroa Galindo c/o Eutina Hunter Blount, 311 Hardin Circle;

Now, Therefore, be it resolved by the City Council of the City of Gadsden, Alabama, 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 on November 7, 2023.      

Iva Nelson, City Clerk   

December 1, 2023

__________

RESOLUTION NO. R-577-23

Ordering Abatement of Nuisance                                                                       

Whereas, the Building Official has determined that the property or condition located at 311 BRYAN STREET in District 6 in the City of Gadsden, more particularly described as: 

Lt 8 Blk 15 Walnut Park or West Point #2 Plat B-117 Gadsden 1-12-5

Tax ID#: 16-01-01-3-000-238.000 

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 Margaret Cranmer ‘Personal Rep’, 3010 Sudie Avenue, Gaylord Cranmer, 311 Bryan Street;

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

1. The Council finds that the property constitutes a nuisance in violation of the Code Ordi-nances 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 on November 7, 2023.                                                                                                          

Iva Nelson, City Clerk            

December 1, 2023 

__________

RESOLUTION NO. R-578-23

Ordering Abatement of Nuisance                                                                       

Whereas, the Building Official has determined that the property or condition located at 2511 LOOKOUT AVENUE in District 7 in the City of Gadsden, more particularly described as: 

Com int W line Lt 13 & NROW Lookout Ave TH E 109’(S) along ROW to POB TH E 63’ (S) TH N 127’(S) TH W 11’ (S) TH S 127’(S) to POB being pt Lt 13 Plat 1 to  Clayton Add Plat A-320 31-11-6

Tax ID#: 10-09-31-2-000-122.000  

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 Mary K. Lipscomb, 2511 Lookout Avenue;

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

1. The Council finds that the property constitutes a nuisance in violation of the Code Ordi-nances 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 on November 7, 2023.                                                                                                          

Iva Nelson, City Clerk       

December 1, 2023

_____________

RESOLUTION NO. R-579-23

Ordering Abatement of Nuisance                                                                       

Whereas, the Building Official has determined that the property or condition located at 2301 NORRIS AVENUE in District 6 in the City of Gadsden, more particularly described as: 

Beg SE cor Lt 1 Blk 33 Alfords 2nd add to Ala City Plat A-308-310 TH N 142.9 along W ROW of 3rd St TH W 50 TH S 139.67 to N ROW of Norris Ave TH E 50.1 along ROW to POB being pt Lt 1 Blk 33 Alfords 2nd add to Ala City Plat A-308-310 Gadsden 6-12-6

Tax ID#: 15-03-06-1-000-255.000   

is a nuisance and ordered its abatement; and

Whereas, as required by the Code of Ordinances, notice of a public hearing has been given Bethany Crook, 2301 Norris Avenue;

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

1. The Council finds that the property constitutes a nuisance in violation of the Code Ordi-nances 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 on November 7, 2023.                                                                                                          

Iva Nelson, City Clerk          

December 1, 2023 

___________

RESOLUTION NO. R-580-23

Ordering Abatement of Nuisance                                                                       

Whereas, the Building Official has determined that the property or condition located at 3615 WESTERN AVENUE in District 6 in the City of Gadsden, more particularly described as: 

Lots 1-2 Blk 7 Elliott Park 1ST Add Plat B 118-119 Gadsden 1-12-5

Tax ID#: 16-01-01-2-000-020.000    

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 Catarina F Felipe & Miguel E Francisco, 3615 Western Avenue, Giovanni Dedios Swarovsky, 3615 Western Avenue;

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

1. The Council finds that the property constitutes a nuisance in violation of the Code Ordi-nances 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 on November 7, 2023.                                                                                                          

Iva Nelson, City Clerk        

December 1, 2023     

__________

NOTICE OF SALE

Notice is hereby given that the Contents of the following storage building will be Sold by Briar-meade Village Mini-Warehouses on Friday December 8, 2023 at 409 W. Main Street, Glencoe, AL. 35905.

Brandi Thrasher  – Unit 104

Briarmeade Village Mini-Warehouses

409 W. Main Street

Glencoe, AL. 35905

December 1 and 8, 2023

_________

LEGAL NOTICE

The following units will be auctioned or otherwise disposed of on December 14, 2023 begin-ning at 9 AM on the premises of Stock it & Lock it Mini Storage located at 3403 Rainbow Park-way, Rainbow City, 35906.

McKayla Tinney – Unit 488N

Renee Ferguson – Unit 474N

Vickie Harris – Unit 257J & 451M

Dana Loconta  – Unit 234I

Pat McCollum – Unit 436M

Tonya Samples – Unit 494N

Brenda Rodocker – Unit 472N

Stock It & Lock It Mini Storage

3403 Rainbow Parkway

Rainbow City, AL. 35906

December 1 and 8, 2023

__________

NOTICE OF SALE

The following storage units will be auctioned on December 13, 2023 beginning at 10:00 AM on the business premises of Southtowne Mini Warehouses.  Southtowne is located at 199 Wood-land Drive, off of Steele Station Road in Rainbow City, Alabama.

Cody Odell  – Unit 430

Tre-Shel Roker – Unit 475

Booker Thomas – Unit 100

Abigail Urbanak – Unit 444

Andrew Bone – Units 494, D-10, & D-16

Alexander/Bothwell – Unit 496

Pinkey Prewitt – Unit 569 & 618

Vonetta Byers – Unit 598

Megan Garrard – Unit 614

Lauri Price – Unit 28-1B

Lawanda Mabry – Unit 68-7

Southtowne Mini Warehouses

199 Woodland Drive

Rainbow City, AL. 35906

December 1 and 8, 2023

__________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 01/19/2024 at 9am.

2005 Toyota Sienna  – VIN:5TFZA22C65S308950

2003 Chevrolet Impala  – VIN:2G1WH52K039429933

2008 Pontiac Torrent  – VIN: 2CKDL33FX86055934

Thacker Towing & Recovery

927 5th Avenue NE

Attalla, AL 35954

(256) 546-9994

November 24 and December 1, 2023

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 01/06/2024 at 8 a.m. 

2000 Yamaha XVS Red – VIN:  JYAVM01E3YA026162

Tommy Tows

3403 Forrest Ave

Gadsden, AL 35904

(256) 490-3715

December 1 and 8, 2023

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