2 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
WEEKLY
•••••••••••••••••••••••••••
LAGNIAPPE
D E C E M B E R 2 0 , 2 0 1 7 - D E C E M B E R 2 6 , 2 0 1 7 | w w w. l a g n i a p p e m o b i l e . c o m ASHLEY TRICE Co-publisher/Editor atrice@lagniappemobile.com ROB HOLBERT Co-publisher/Managing Editor rholbert@lagniappemobile.com GABRIEL TYNES Assistant Managing Editor gabe@lagniappemobile.com DALE LIESCH Reporter dale@lagniappemobile.com JASON JOHNSON Reporter jason@lagniappemobile.com KEVIN LEE Associate Editor/Arts Editor klee@lagniappemobile.com
5 10 14
BAY BRIEFS
Despite receiving the mayor’s proposed budget in September, the Fairhope City Council has delayed voting on it until January at least.
COMMENTARY
Fables of the U.S. Senate election.
BUSINESS
White-Spunner Realty offers predictions for commercial real estate and office space growth in Baldwin County next year.
CUISINE
The Beer Professor samples some of the holiday brews currently in abundance.
ANDY MACDONALD Cuisine Editor fatmansqueeze@comcast.net STEPHEN CENTANNI Music Editor scentanni@lagniappemobile.com
20
J. MARK BRYANT Sports Writer sports@lagniappemobile.com STEPHANIE POE Copy Editor copy@lagniappemobile.com DANIEL ANDERSON Chief Photographer dan@danandersonphoto.com LAURA RASMUSSEN Art Director www.laurarasmussen.com BROOKE O’DONNELL Advertising Sales Executive brooke@lagniappemobile.com BETH WILLIAMS Advertising Sales Executive bwilliams@lagniappemobile.com ALEEN MOMBERGER Advertising Sales Executive aleen@lagniappemobile.com RACHEL THOMAS Advertising Sales Executive rachel@lagniappemobile.com
21 22
GARDENING
If protected from freeze, satsumas, Meyer lemons and other citrus can thrive in our climate.
ARTS
Winthrop Corey has been named artistic director of Classical Ballet of Mobile.
COVER
Despite a decline in the industry statewide, local Christmas tree farms continue to court customers.
24
MELISSA EDGE Editorial Assistant events@lagniappemobile.com ROSS PRITCHARD Distribution Manager delivery@lagniappemobile.com JACKIE CRUTHIRDS Office Manager jackie@lagniappemobile.com CONTRIBUTORS: Ron Sivak, Jeff Poor, Asia Frey, Brian Holbert, John Mullen, Ken Robinson, Tom Ward, Carol Williams ON THE COVER: STEVE AND SANDRA MANNHARD BY DAN ANDERSON POSTMASTER: Send address changes to P.O. Box 3003 Mobile, AL 36652. Editorial, advertising and production offices are located at 1100B Dauphin St. Mobile, AL 36604. Mailing address is P.O. Box 3003 Mobile, AL 36652. Phone: 251.450.4466 Fax 251.450.4498. Email: ashleytoland@lagniappemobile.com or rholbert@lagniappemobile.com LAGNIAPPE is printed at Walton Press. All letters sent to Lagniappe are considered to be intended for publication. Member: Association of Alternative Newsweeklies and Alternative Weeklies Network All rights reserved. Something Extra Publishing, Inc. Nothing may be reprinted, photocopied or in any way reproduced without the expressed permission of the publishers. Individuals may take one copy of the paper free of charge from area businesses, racks or boxes. After that, papers are $3 per issue. Removal of more than one copy from these points constitutes theft. Violators are subject to prosecution.
For Lagniappe home delivery visit
www.lagniappemobile.com/lagniappehd
MUSIC
The Mulligan Brothers are hosting a fundraiser for St. Mary’s Home at Callaghan’s Friday, Dec. 22.
28 30 33 35 FILM
“Brigsby Bear” is a moving and sweet film, even honoring a very troubled family dynamic in a touching way.
SPORTS
A preview of the Dollar General Bowl Saturday featuring the University of Toledo and Appalachian State University.
STYLE
The great Lagniappe holiday party of 2017.
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 3
GOING POSTAL
Don’t forget the true meaning of Christmas Editor: I’m an elderly man now, and although Christmas is no longer the enchanting, carefree day it was when I was young, I still manage to get caught up in the spirit of Christmas, and think that of all our holidays, Christmas remains nonpareil. Maybe this is because Christmas humanizes the Almighty in such a marvelously tactile way that this hallowed feast ought to be the envy of all the world’s great religions. Even so, there are always drawbacks that distort the essential meaning of Christmas. To give a few well-known examples, often there is an overindulgence in food and drink and, of course, the giving of lavish and unnecessary presents are things that frequently put people in debt for months after Christmas is one. Sadly, many times Christmas seems to have only the trappings of a noisy, self-centered birthday party for ourselves, friends and relatives, with nary a thought of what the celebration really is all about. However, for the multitudes who still retain a traditional Christian faith, the main reason for all this unparalleled jubilation is not hard to fathom. For as true believers have been saying for over 2,000 years, the great Lord of creation came down to Earth at Christmas to die for sins, and to teach us all how to live better lives. Truthfully, after our Lord’s astonishing encounter with humanity so long ago, the world has never been the same again. Joe Dacovich Mobile
All I want for Christmas Editor: What I want most for Christmas is to finally see every child in Alabama be given a chance at the quality education they deserve. And believe it or not, that is a gift that we could actually make happen. Last week, the news broke that Alabama’s cuts to K-12 education are among the slowest in the nation to catch back up to the prerecession levels of 2008 (specifically, we are the third worst in the country, with only Arizona and Florida lagging behind us). Most of the cuts to education have come from the classroom. There are nearly 5,500 fewer employees in our public schools today than there were in 2008. And of those, 3,000 of them are teachers — that’s a 6 percent drop! The lack of funding has also impacted our ability to provide educational programs for students who are less interested in college and more interested in getting a professional certificate or associate’s degree — and this has especially impacted our economy. There is a serious gap of skilled workers in this state. Some of those skilled jobs are computer based, and I’m glad to see Gov. Ivey address those needs in her education plan. But there is also a need for men and women with certifications in the various trades, and those jobs can pay very well. I would like to see every public school system have pre-apprenticeship programs or at least some sort of introductory classes into trades such as brick masonry, building construction technology, carpentry, welding, electrical wiring, heating and air conditioning, and plumbing, among others. While it is important for us to always be improving our college prep classes and looking for options (such as a lottery) that can help fund scholarships to two-year and four-year colleges and universities, we also have to remember that 75 percent of people in Alabama do not have a college degree, and 50 percent never attended college at all. Any educational goals we set have to keep that reality in mind and make sure that every child who graduates from an Alabama public school is ready for the next step, whether that step is a college degree or a professional certification. What we don’t need to do is take more money out of the already underfunded school system and use it to pay for charter schools and scholarships to private schools. We have seen in other states that charter schools have typically performed no better than traditional public schools, and they have been hotbeds of fraud, waste, abuse and corruption. Likewise, the Alabama Accountability Act, which was sold to the public as a way to help “kids trapped in failing schools because of their ZIP code,” in reality has mostly gone to kids who were not in failing schools, and many who were already attending private schools. But even if the Accountability Act worked exactly as it was originally meant to, and every kid who received one of these scholarships ended up getting a better education, it would still only be helping some of the kids who need help. The majority would still be left in the failing schools. Though there are disagreements about charter schools and the Accountability Act, there is still plenty that everyone agrees on. If we work together on those things, then we can make my Christmas wish come true. State Rep. Craig Ford Gadsden
4 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
BAYBRIEF | FAIRHOPE
Fiscal fit FAIRHOPE CITY COUNCIL PUSHES 2018 BUDGET VOTE TO JANUARY BY JOHN MULLEN
T
ake, for example, garbage trucks. “I’d like to see a justification for some of those leases because in some cases the argument can be made we get a new garbage truck every three years,” Fairhope City Council President Jack Burrell said. “But if you can get six or seven years out of a garbage truck and the purchase price of that is somewhere in between three or four years of lease, you don’t get the benefit of those two or three years of not having a payment on it. “I’d like to see some justifications on some of these things.” And, months after they began, the fiscal 2018 budget discussions in Fairhope continue. “Like I said,” Mayor Karin Wilson said, “these are things we could have been talking about for three months. I don’t know what your questions are because you are not asking me. I kind of have to forecast what your questions might be and present them again. It’s been very time-consuming for us.” Burrell said he needs no explanations. “I don’t have questions that need explaining to me,” he said. “I understand what the requests are and why they’ve been requested. My questions have more to do with ‘OK, what can we do without?’ So when you come back with it I can give you a number and we need to hit this number.” Three months into the fiscal year Fairhope still hasn’t passed a budget and it will be at least four months into it by the time the council meets again on Jan. 18. Wilson said during a council work session on Dec. 18 she wanted
to bring her budget up for a vote in the council meeting to follow. But council members were still working through the proposal and wanted reductions. The issue was moved forward to Jan. 18. “Personally, I feel like this budget is not being put as a priority,” Wilson said. “In sending it to Jan. 18, that’ll be four months into the fiscal year. One-third of the year has gone by. I’ve already said it’s a little confusing comparing year to year — every time we wait further into the year, the numbers are skewed.” Burrell said he and other council members are still working on adjusting the budget and expenses. “I know you want it passed and I understand that,” he said. “Robert [Brown] and I spent a considerable number of hours on it this week and we tried to get it on there tonight but we just couldn’t get there. We’re not there.” The city can keep operating as usual, and has, Burrell said during the work session. “If there are items that are needed we can also approve line items until we get there,” he said. “So, we are not completely stymied as a city. We haven’t passed the whole budget, but if there’s something that you’ve got to have between now and the next meeting you can put it on the agenda, and we didn’t deny any of those. They were all approved. Anything that’s budgeted comes back to the council for final approval anyway. It’s not that we can’t move forward.”
Entertainment district
The City Council also spent about 45 minutes in the work session discussing whether or not to vote in an
entertainment district in downtown. Declaring the district would allow patrons to leave bars and restaurants with drinks in unbreakable cups and stroll around downtown. Council members generally were lukewarm to the idea, but Councilman Keith Boone is dead set against it. “It’s going to get bad and it’s bad for Fairhope,” Boone said. “That’s my position.” Police Chief Joe Petties voiced concerns an entertainment district might bring new problems to town. “If y’all decide for the entertainment district, we will enforce the rules and regulations,” Petties said. “With the entertainment district, I feel like
PERSONALLY, I FEEL LIKE THIS BUDGET IS NOT BEING PUT AS A PRIORITY. IN SENDING IT TO JAN. 18, THAT’LL BE FOUR MONTHS INTO THE FISCAL YEAR. ONE-THIRD OF THE YEAR HAS GONE BY. ” we’re going to get a new breed of crowd to come into town. We want people to come into Fairhope and enjoy it, but I don’t want it to get to be the place where the drunks hang out.” The council also talked about having the district just during special events downtown such as First Friday, tree lighting, Mardi Gras and Christmas parades, and arts and craft events. A motion was made during the regular council meeting for unanimous consent to immediately consider an ordinance permitting the entertainment district, but Councilman Jay Robinson voted against the move. Gulf Shores and Orange Beach each have two entertainment districts and there are others in larger cities in the state, including Mobile, Birmingham, Tuscaloosa and Montgomery.
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 5
BAYBRIEF | MOBILE
Tearing down to rebuild MHB BEGINS DEMOLITION OF ROGER WILLIAMS HOMES BY DALE LIESCH
M
obile Housing Board officials and Mayor Sandy Stimpson celebrated the beginning of the demolition of Roger Williams Homes earlier this month. The demolition process began after years of planning and delays to replace the decades-old housing complex with new affordable housing. The final 116 families were relocated from the facility in October 2016, but issues with the demolition agreement lingered until September of this year when the board approved the process with developer Hunt Cos. The demolition process will take several months, according to a statement from MHB. The process should be completed in May and will cost roughly $2.5 million. Roger Williams Homes, one of the largest low-income housing developments in the city, was opened in March 1954. The apartments are undersized by today’s standards, lack energyefficiency features and were expensive to maintain, the statement read. At its meeting Dec. 13, the Mobile Housing Board of Commissioners approved a tax credit application from Hunt Cos. for phase one of a redevelopment plan for the site, which includes senior housing. “That’s an awesome adoption,” MHB Chairwoman Kim Pettway said of the unanimous vote to approve the application. “It’s long-awaited.” The application calls for a 70-unit senior living facility on the site. Twenty-two of the units will be covered with project-based housing choice vouchers. The other units will be made affordable through Rental Assistance Demonstration (RAD)
subsidies. There will also be HOME and Community Development Block Grant applications for the facility. Hunt is applying for the competitive 9 percent tax credits. If successful, the developer can begin work on the first phase. Other phases include more multifamily and single-family residences. Much of the land where Roger Williams Homes stands now is in a floodplain and can’t be built upon. In other business, State Rep. Adline Clarke announced her intention to retire from her work with the board and Mobile Development Enterprises at the end of the year, Pettway confirmed. Clarke had been the president of MDE for some time, but following an investigation by the U.S. Department of Housing and Urban Development Office of Inspector General, MHB was forced to make changes to the structure of its nonprofit arm. The board had voted to move all of the MDE positions under MHB control and is still working on a reorganization chart with the new positions listed. The expectation is that employees will have to re-apply for jobs under MHB and the Mobile County Personnel Board. The board officially welcomed new Executive Director Akinola Popoola to Mobile. He told commissioners he was currently on a listening tour and had learned a lot already. Popoola said he would start either attending resident meetings or sending a member of his staff to do so. “We need to have a closer relationship with our residents,” he said. A full interview with Popoola is available on lagniappemobile.com.
Short-term deal?
CITY INVESTS MORE IN HANK AARON STADIUM BY DALE LIESCH
T
he Mobile City Council approved nearly $20,000 for new guardrails at Hank Aaron Stadium, despite the possibility there will be no team at the ballpark in 2019. The funds for the $19,345 contract with Custom Metal Fabrication Inc. come from citywide capital money set aside in the 2017 budget. Executive Director of Finance and acting Chief of Staff Paul Wesch said this would be the last of the city’s obligations from the contract new BayBears owner Ballcorps LLC inherited when it bought the team. Following a question from Councilwoman Bess Rich, Wesch told councilors that the team was up to date on its current $25,000 quarterly rent. He said the city expected BallCorps to continue to pay rent, as a new quarter approaches. The Los Angeles Angels’ AA affiliate was recently sold and while the new owners are not currently seeking to relocate the team from Mobile, a recent Madison City Council decision to fund a stadium design plan is raising some eyebrows. The BayBears are expected to compete in Mobile for at least the 2018 season. If the team leaves before the 2020 season, the city will be owed $380,400, according to the contract. In other business, the council discussed the merits of a long-range comprehensive plan for the city’s parks, introduced by Mayor Sandy Stimpson’s office. The agenda item, which will be delayed until after the first of the year per council rules, asks councilors to approve the reallocation of $127,000 to help match a grant for the study.
6 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
Executive Director of Parks and Recreation Matt Capps told councilors that the assessment would look at all the city’s parks with an eye toward making improvements. Capps compared it to the Map for Mobile comprehensive plan for zoning. The total cost of the study is $270,000, Capps said. Councilman Joel Daves asked that Capps include the council’s parks and recreation advisory committee in the discussions. Capps said the group would be involved. He added that there will be a number of public meetings detailing the plan. The consultant the city plans to use is Lose & Associates out of Lawrenceville, Georgia. The group has completed comprehensive plans for more than 80 parks, Capps said. The council also approved a $26,550 contract for design work on a basketball court at Figures Park. The firm handling the duties is Watkins Acy Strunk Design Inc. Councilman Fred Richardson asked the city to consider putting basketball courts at every park in the city that offers other sports. He said the courts are relatively inexpensive. “Are you going to pay for them?” Councilman John Williams asked Richardson. “Because if you are I’m all for it.” Richardson responded by telling Williams he was “talking about the new world” and not “talking about the old world.” “I believe in the new world all of our sports parks should have basketball courts,” he said.
BAYBRIEF | CRIME
‘Cold blooded murder’ FORMER CONSTABLE CONVICTED IN CAUSEWAY HOMICIDE RETRIAL BY JASON JOHNSON
A
fter having his original conviction overturned for an admission of improper evidence, a former Mobile County constable has been found guilty of murder a second time for shooting and killing a man in a violent altercation on the Causeway in 2014. Larry Lambert Sheffield, 68, was arrested July 20, 2014, after shooting and killing 53-year-old Jeffrey McMillan in the parking lot of Traders, at 4015 Battleship Parkway in Spanish Fort. At the time of the incident, the Spanish Fort Police Department said the two men had been in a confrontation inside the bar, which allegedly began when Sheffield punched McMillan and his own wife, Sheila Sheffield, while they were speaking together. An eyewitness told Lagniappe at the time that Sheffield told his wife ‘You can just go home with him, then’ before leaving the bar. However, according to police, McMillan followed Sheffield out into the parking lot, allegedly to speak with him, and things escalated from there. Witnesses in the parking lot at the time testified during the first trial to not hearing any altercation before hearing the sound of Sheffield’s semi-automatic handgun going off. According to police, McMillan was shot once in the temple and pronounced dead when police arrived. The case was presented to a grand jury after Sheffield initially attempted to claim the shooting was in self-defense. He was ultimately indicted for murder in late 2014 but remained on house arrest for two years until his case went to trial in Baldwin County in August 2016. The defense claimed that after he was attacked by McMillan in the parking lot, Sheffield tried to defend himself but had no intention of firing his weapon. Instead, Sheffield claimed he accidentally killed McMillan when his handgun went off during an attempt to “pistol whip” him. However, that story was contradicted by testimony from the state medical examiner who performed McMillan’s autopsy, which indicated the gun was “pressed up against the skin” when the bullet that caused his death was fired. Sheffield was convicted of murder and sentenced to life in prison in 2016, but that conviction was overturned by the Alabama Court of Criminal Appeals in March because of a single piece of evidence — a phone call between Sheffield and his wife that was recorded while he was in jail. In the conversation, a clearly frustrated Sheila Sheffield told her husband he had committed “cold blooded murder,” “killed innocent people” and was “a guilty son of a bitch,” according to a transcript of the call outlined in public court documents. “You turned your jealousy on some innocent soul, took his life,” she said. “I know what happened, the good Lord knows what happened.” On their own, Sheila Sheffield’s unsubstantiated claims would be considered hearsay, which is inadmissible as evidence in most circumstances. However, because she invoked her spousal privilege not to take the stand against her husband, she
couldn’t corroborate those statements. The law provides an exception allowing hearsay statements to be considered as evidence by the jury in situations like these, but only if the statements are contrary to the “pecuniary or proprietary” interests of the person who made them. It’s based on the theory that “people do not say things that are damaging to their interests, unless they believe that they are true.” Because the court assumed that “a reasonable person” in Sheila Sheffield’s position would not want their husband to go to prison, the court allowed jurors to listen to the recording of Sheila and Larry Sheffield’s conversation, which was captured shortly after his arrest in 2014. On appeal, though, Sheffield’s attorneys argued that Sheila’s comments made her sound afraid of her husband and like she wanted wanted to end their marriage — indicating that she might benefit from Sheffield’s possible conviction and prison sentence. They demonstrated that by using other comments Sheila made in the conversation, such as “I don’t have to take your [expletive] crap no more, Larry.” In another section of the recording, Sheffield told his wife he wanted her there when he came home. “Well, I won’t be,” she replied. “I won’t be, Larry.” In the opinion overturning Sheffield’s original conviction, Judge J. Michael Joiner concluded that “the primary effect of Sheila’s statements was to expose Sheffield to criminal punishment” because it directly rebutted his claims of self-defense by indicating that he “was jealous and that he had no justification for shooting McMillan.” Joiner found Sheila had likely not considered how her statements regarding McMillan’s death might have impacted her own interests at the time they were made, and therefore they weren’t reliable enough to be properly considered as evidence by a jury. “We cannot say that a reasonable person in Sheila’s situation would have considered the risk to her pecuniary or proprietary interest so great or so direct that she would not lie,” he wrote. “Because Sheila’s hearsay statements may have contributed to the jury’s verdict, we conclude the erroneous admission of those statements adversely affected Sheffield’s substantial rights.” After his conviction was overturned, Sheffield was released to house arrest to await his retrial, which concluded last week after four days of testimony. Lagniappe reached out to Baldwin County District Attorney Robert Wilters about the second trial, but had not received a response as of this publication’s press deadline. Assistant District Attorneys Patrick Doggett and Teresa Heinz prosecuted Sheffield’s case and took the lead during his four-day trial last week, which ended with a second unanimous jury finding Sheffield guilty of murder on Dec. 15. He was immediately taken into police custody. In a press release announcing Sheffield’s second conviction, Wilters’ office said McMillan’s family was “pleased with the verdict, and grateful for the time and dedication of the jury.”
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 7
BAYBRIEF | POLITICS
Turning tide? DEMOCRAT’S UNLIKELY SENATE VICTORY CONTINUES TO MAKE WAVES BY JASON JOHNSON
D
emocrat Doug Jones’ victory in Alabama’s special U.S. Senate election gained national attention, and some of the spotlight has lingered as politicos on both sides of the aisle analyze Republican Roy Moore’s unexpected defeat and what it might mean for the very red state going forward. While the result was noteworthy, Moore’s behavior since the election has only added to the intrigue. More than a week afterward, his campaign is still refusing to concede defeat and his supporters are continuing to push theories of voter fraud that, as of yet, remain unsubstantiated. In his only public statement since election day, Moore addressed supporters in a Dec. 13 video message suggesting outstanding military and provisional ballots could possibly change the results once they’re counted. Election officials have said that’s “unlikely.” While Moore continues to hold out hope, the Republican party appears to have moved on, with President Donald Trump and state GOP Chairman Terry Lathan both acknowledging Jones’ victory. Lathan did not respond to multiple requests seeking comment on Moore’s refusal to concede the election, though Trump has since encouraged Moore to do so directly. The president has also tweeted on more than one occasion that he knew “Moore would lose.” For Alabama Democrats, Jones’ victory was no doubt a monumental victory, but national pundits have tried to position the result as an indictment of Trump and the Republican Party. State Democratic Party Chair Nancy Worley went so far as to say it was “a clear signal that Alabama Democrats will be on the offensive and ready to win in 2018.” Yet Joseph L. Smith, Ph.D., chair of the Department of Political Science at the University of Alabama, believes Moore’s loss says more about his own lack of popularity than it does the state of Alabama’s GOP. Despite Jones’ win, Smith believes “Alabama is still a Republican state.” “I think this election was a product of a uniquely unappealing candidate. Moore is appealing to a certain proportion of Alabama Republicans, maybe half, but he is also embarrassing to a significant portion [as well],” Smith added. “I think, if the party nominates broadly acceptable
candidates, it will continue to dominate statewide elections.” In total, more than 1.3 million votes were cast, which broke turnout records for special elections in Alabama. The average turnout was around 35 percent across the state, though it was slightly higher in Mobile County, where roughly 38 percent of registered voters participated. While Trump didn’t start his campaign as a “mainstream” candidate, he received broad support from Alabama Republicans in the presidential election, but statewide totals show Moore did not enjoy the same support. Though turnout is typically low in special elections, Moore only received 650,436 votes — about half of Trump’s 1.3 million statewide. On the other hand, 729,547 Alabamians cast votes for Hillary Clinton in 2016 while Jones collected only 671,151 votes but still managed to carry the state. Taken together, the numbers indicate Democrats didn’t gain new voters; rather, Moore managed to lose voters, which is evidenced by the massive number of write-in votes cast. According to Secretary of State John Merrill’s office, 22,814 write-in votes were cast across the state during the special election. For context, just 3,631 write-ins were counted during last year’s race for Sen. Richard Shelby’s seat. While the names on those ballots likely won’t be disclosed, the prevailing assumption is that a majority of them were cast by Republicans voting for someone other than Moore — something many normally conservative voters said they intended to do after multiple women accused Moore of sexual misconduct during his tenure as an Etowah County prosecutor in the late ‘70s. Shelby himself cast a write-in vote for “a good candidate” after stating publicly that he could not support Moore. Shelby has since drawn the ire of many Moore supporters in the GOP, though not all of the response to his write-in vote has been negative. In fact, during his only trip to Alabama since the election, reports indicate a number of people greeted Shelby with handshakes and “thank yous” when he arrived at the Birmingham Airport, which, notably, is located in a county Jones won by a sizable margin. Given the partisan nature of modern politics, the con-
Seeing red BALDWIN STILL DECIDEDLY REPUBLICAN EVEN WITH MOORE LOSS BY JOHN MULLEN
B
aldwin County saw a huge voter turnout — 43 percent — for the Dec. 12 special election for Jeff Sessions’ former United States Senate seat. “It is very high for a special election,” Probate Judge Tim Russell said. “When you think that the primary started out at 18.7 percent [turnout] and then we more than doubled it for the general election, it’s a great accomplishment. I’m very happy about that.” But in the end voters stayed true to their Republican red, with nearly 62 percent of the votes cast for Roy Moore and just under 36 percent cast for Democrat and statewide winner Doug Jones. Jones won in only four of the county’s 48 precincts, the largest being the Daphne Civic Center. As of press time only 47 of the 48 precincts’ results were counted, or almost 98 percent. According to county election officials, the 48th box is provisional ballots, which were to be counted Dec. 19 at noon. Of the 62,686 votes counted so far, 60,576 voted for either Jones or Moore and 1,699 voted for a write-in candidate. Moore received 38,445 votes in Baldwin County to
Jones’ 22,131. On the school tax renewal, 37,649 voted to continue the tax for 30 years and 22,957 voted against. “We had the special vote on there for the renewal of the 1 mill and I think that brought a good number of folks,” Russell said. “We did have those who voted just for the millage question and didn’t vote for either candidate. It shows those folks came out just to vote on the school question.” And while the county stayed solidly Republican, Democratic organizers in Baldwin County were happy with the enthusiasm of their campaign and feel inroads are being made. “We did increase that blue number up from who voted for [Hillary] Clinton in the presidential election,” Baldwin County Democratic Vice Chairman Heather Brown said. “I think she got 20 percent of the vote and [Jones] got 37 [percent], so we went up. I think people were motivated to come out and vote more so than any other time that I can remember in recent history.” Longtime county Republican Kevin Spriggs noticed a
8 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
servative backlash seemed almost inevitable. That’s led some to ponder whether Shelby’s current term, which ends in 2023, might be the 83-year-old senator’s last in Washington. Smith told Lagniappe that isn’t a bad bet, and suggested “that may have made [Shelby] more willing to say what he did” about Moore. Shelby has not discussed any plans to retire, but even if he did, Smith said he doesn’t think his personal vote last week will define his legacy. “He’s such a prominent and respected figure in Alabama Republican political circles that I don’t think anyone would challenge his right to speak his mind,” Smith added. Another focal point of post-election analysis has been the impact of AfricanAmerican voters. Exit polls by CNN indicated black voters made up 30 percent of the the electorate, and Jones secured 98 percent and 93 percent of votes among black women and men, respectively. There were national efforts to energize black voters in Alabama, including a robocall recorded by former President Barack Obama and events featuring black legislators, including Sen. Cory Booker (D-New Jersey) and Rep. John Lewis (D-Georgia). Groups in Alabama made similar efforts. The statewide NAACP held a rally in Birmingham days before the election, and individual chapters around the state made concentrated efforts to turn out black voters in Huntsville, Tuskegee, Mobile and other cities. Reached by Lagniappe, Mobile County NAACP President David Smith said the local organization focused on “honesty, education and information” to get people to exercise a right to vote that hasn’t always available to everyone. “The main point is there were people who died years ago in order to have the opportunity to vote,” Smith said. “The choices are up to the individuals, their conscience and their awareness of their circumstances. We don’t do persuasion, and we don’t do endorsements; we’re about educating folks and reminding them what it took to get black and poor people this opportunity.” While he’s mostly kept quiet since the election, Moore sent a message to supporters over the weekend seeking to raise $75,000 to help his campaign compile reports of “voter fraud and other irregularities” related to the special election. While several pro-Moore social media accounts have pushed claims that Jones’ victory was tainted by Democratic voter fraud, most of those have been disproven. Jones did, however, receive a significant amount of out-of-state support — from volunteers who helped with voter registration and minority outreach, to donations from national Democratic groups that put millions into “get-out-the-vote” efforts in Alabama. The Democratic Senatorial Campaign Committee sent aides to assist the Jones campaign directly, while grassroots liberal organizations such as Indivisible, the Human Rights Campaign, NextGen America and Open Progress lent talent and time to organizers on the ground. Then there was Highway 31, a super PAC that spent close to $2 million on pro-Jones advertisements in Alabama, some of which were publicly criticized as misleading. At this point it is unclear whether the money Highway 31 spent came from outside Alabama, because in its only public filings no donors or expenditures were disclosed. Instead, the group appears to have financed its ad campaign on debt, a common tactic that can delay the disclosure of donors until after elections. Alabamians won’t know whose money went into those pro-Jones ads until Highway 31 files its post-election report in January. surge in activities by Democrats. “This is the first election I’ve seen where the Democrats had actual campsites,” Spriggs said. “I have not seen that in the last 20 years. In Baldwin County, you presume whoever wins the Republican primary is going to be the elected official. I kind of wonder this time if we’re going to have some viable Democrat nominees to run against the primary winners. Democrat organizer Denise D’Oliveira said the controversy surrounding allegations against Moore involving teenage girls in the 1970s and his religious extremism helped invigorate voters. “Roy Moore’s candidacy was a tipping point that I think brought people out of the woodwork who were really desperate to find like-minded friends or new friends and neighbors to stand up and say ‘this has gone far enough,’” D’Oliveira said. It helped, as Alabama elected the first Democrat to the U.S. Senate since 1992. It just so happens that Democrat was Richard Shelby, who later switched to the Republican side of the aisle. Spriggs said Shelby is not popular among Alabama Republicans for not supporting Moore and appearing in an ad for Jones. “I’ve put on my Facebook page that we need to kick Richard Shelby out of the Republican Party for actually helping a Democrat,” Spriggs said. “Party rules say if you donate money to a Democrat then you’re not allowed to run in the next election. I don’t think they have any rules that let you kick somebody out that [took part in] an active campaign for the Democrat.” Russell says the good turnout and smooth process of the special election have the county primed for the upcoming midterm elections, including statewide races including the race for governor. “We’re just real pleased with the way everything went,” Russell said. “It was a real good time for us. It was good weather and people seemed to enjoy getting out and we didn’t have any problems at the polls. We’re ready for the next elections in June.”
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 9
COMMENTARY | DAMN THE TORPEDOES
Fables of the U.S. Senate election ROB HOLBERT/MANAGING EDITOR/RHOLBERT@LAGNIAPPEMOBILE.COM
original sin created a waterfall of actions that led to Doug Jones’ election. I’m not saying Jones isn’t worthy of holding the job, but rather that those unhappy with this outcome — along with those who believe in the rule of law — should clamor for a true investigation into Bentley and Strange, as well as the Luv Guv’s dark money funds and how he paid his staff. Including Rebekah. Hopefully the race for Attorney General this coming year will hinge strongly upon who has the guts to open the door on what happened. No doubt there will be strong opposition to doing that because following the money is bound to embarrass the powerful, but this mess must be exposed. If we ever get to the bottom of that morass, it may well recall another of Aesop’s greatest hits — “The Ass and his Masters.” *** I want to wish all our readers and advertisers Merry Christmas, Happy Holidays and a fruitful and blissful New Year. Getting to publish and write for a newspaper remains a dream come true for us. We are thankful to the hundreds of advertisers who support Lagniappe and the 80,000 weekly readers who seek the paper out in print or online and have kept us going for the past 15-and-a-half years. Please keep us in your hearts and budgets in the coming year and we promise to continue trying to give Mobile the best newspaper in Alabama.
THEGADFLY
10 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
What the pundits should give us credit for as a state is putting the man above party when it came to both Strange and Moore. I’m sure most of those who view Alabama as a political backwater where only the most conservative candidate wins will quickly point to the fact that someone with Roy Moore’s history in office, coupled with accusations of improprieties with teenage girls 40 years ago, still almost won. And that’s true. But he didn’t win, and that means people inside and outside the state who think so little of the populace as a whole should adjust their thought processes at least a bit. I bet there aren’t many liberal or conservative enclaves in this entire country that would throw aside not one, but two politicians from their majority party to elect a relative political unknown whose views are not shared by most voters. While I’m not suggesting Alabama is about to become a “purple” state, we have shown the country’s smug political elite we won’t have Washington choose our leaders or mindlessly vote in anyone with an “R” behind their name. For those still upset with the outcome of the election, it’s time to focus that anger back where it belongs — at the top of our state’s leadership. There’s no doubt this would have been an entirely different election had Luther Strange done his job and investigated Robert Bentley instead of weaseling a Senate seat out of him. This
Cartoon/Laura Rasmussen
I
figured there must be one of Aesop’s fables that would most succinctly put last week’s United States Senate election into proper context. But I forgot just how many fables ol’ Aesop scratched out on papyrus or goatskin, so picking the right one turned out not to be so easy. At first I thought maybe it’s “The Boy Who Cried Wolf.” That seemed appropriate after listening to people whine for weeks about how horrible Alabama is and how certain they were their home state would elect Roy Moore in a landslide, forever embarrassing us in front of all the cooler, smarter states. But “The Horse, The Hunter and The Stag” also has merits. It explains how a horse who couldn’t get a stag to leave his field thought he was being clever by getting a hunter involved, only to have that man slap a saddle on him and turn the horse into his servant. The story is about unintended consequences, which definitely could apply to Luther Strange’s clever plans that ultimately led to a Democrat being elected to the U.S. Senate and Big Luther looking for a job. Or maybe that one just reminds me of poor old Sassy having to haul Roy’s butt to the polls last Tuesday. I’m not sure Sassy ever tried to outsmart anyone or deserved to be poorly ridden in front of the TV cameras, but I’m certain he/she came out on the short end of this whole fiasco. “The Mouse and the Oyster” is another fable that might apply. In that one a mouse tries to eat an oyster, only to have it snap shut on his head. It’s a warning not to bite off more than you can chew and also a practical piece of advice for mice. Maybe Roy’s the mouse in this one, or Luther. Maybe Doug Jones will be the mouse in a couple of years, or if he manages to win re-election, he might end up being the oyster. It’s all so confusing. There’s another called “The Ass in Lion’s Skin.” The name alone explains its relevance. I looked to the wisdom of Aesop as a way of trying to button this whole thing up and decide what it ultimately means is that the great state of Alabama juked the thinking of almost every political genius in America and elected a Democrat to the Senate. There’s no doubt that at the very least this means we should finally get a little more respect from the rest of the country, but I’m not going to hold my breath. Even if you were a diehard Roy Moore supporter, it had to make things just a little less difficult to watch the national talking heads be so wrong about what would happen. Over and over again, Alabama was described in monolithic terms as if we are redneck robots who all load up in our 4x4s with rebel flags painted on the hood and vote on the way to the morning Klan rallies. Overlooked from the beginning was the fact Roy Moore was the Republican nominee after Alabamians had roundly rejected Luther Strange because of his neck-deep involvement in what appears to one of the more obvious bribes of a public official in the past 50 years. Moore wouldn’t have been the nominee without the help of Strange’s clear lack of ethics coupled with Sen. Mitch McConnell dumping millions into the race to try to keep Luther. For many of the national talking heads, the nomination of Moore was a rejection of Strange’s more moderate politics, but we all know Big Luther lost because he made a deal to help the Luv Guv skate away with barely a scratch in exchange for a senate appointment.
SEN. RICHARD SHELBY WRITES IN “A RESPECTABLE REPUBLICAN” ON HIS SPECIAL ELECTION BALLOT.
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 11
COMMENTARY | THE HIDDEN AGENDA
Is ‘the list’ nice or naughty? ASHLEY TRICE/EDITOR/ASHLEYTOLAND@LAGNIAPPEMOBILE.COM
I
12 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
am not really sure why, but I’ve really been in the holiday spirit this year. Probably because it’s been such an absolutely depressing year for our country, chock-full of so much anger and nastiness. Decking the halls and rocking around the Christmas tree have been welcome, delightful distractions. We put up our tree the weekend after Thanksgiving (which has never happened in our house). I have been listening to Christmas music in my car almost nonstop. (I did turn the dial from “Holly Jolly Christmas” during the Senate election so I could listen to folks ranting on local talk radio about “child molesters” and “baby killers,” which just made me have a “Blue, Blue, Blue Christmas,” but don’t worry, now I’m back to having myself a merry little Christmas.) We’ve already watched “It’s a Wonderful Life,” “Polar Express” and “A Charlie Brown Christmas,” and more are on deck for our “holiday family movie nights” — yes, we are even calling it that because our cup of Christmas cheesiness runneth over. (It must be Velveeta!) I’ve got plans to cook and bake for days and make treats for the neighbors and cookies for Santa with the kids. I’m telling you, if I barfed right now it would be gumdrops and candy canes. Christmas is just my jam this year. But there is one Christmas decision I am still a bit conflicted about that has made me feel a bit less Christmassy this year. Yep, I did it. I finally fully caved to “the list.” Christmas gift-giving was all about surprises in my family. I can’t tell you how many hours I spent with my Mom and grandmother shopping for everyone in Gayfers and McRae’s, searching for the perfect gifts. I swear I can still smell the bakery in the back of Gayfers. My mom made sure Santa always left a spectacular display, but she always tried to downplay my chances of getting what I wanted just to build the excitement. “Well, you know, Santa may not be able to get everyone a Cabbage Patch doll this year, so don’t get your hopes up.” But of course, “he” did. Even my grandfather, who was about the grouchiest man on the planet the other 364 days of the year, got into the spirit. One year he hid my grandmother’s present down in a box of rotten fruit he had wrapped up. After she finally found her real present under black bananas and oranges that could make penicillin, she threw every piece of it at him. Grams had quite the arm! So, I’ve always enjoyed the mystery of finding out what was under the tree — even if it was someone else’s gift and came with fruit flies. But when I married my husband, I found they handled Christmas a bit differently in their family. My in-laws, who are very generous holiday gift givers, ask everyone for a list detailing specific items they would like. And they do not venture off of it. I’m sure they didn’t always do it this way. It was probably a product of kids turning into adults who are much harder to buy for. My own family traded getting gifts for everyone to drawing names and finally just getting stuff for the kids only. And I actually like doing “the list” for my in-laws. They have no idea what a picky 40-something-year-old woman would like, nor even pickier 5- and 8-year-old kids. While it does take away the surprise, it also takes away any chance of disappointment and that tradeoff is definitely worth it. And it kind of makes you feel like a kid making a list for Santa again. But in the early years I tried to game their system. And paid for the price for it. I figured if I just put way too many items on their list, I would still get exactly what I wanted, but I knew I wouldn’t get all of it, so it would still be somewhat of a surprise. Win-win! Sadly, I didn’t share my devious plan with my husband. I didn’t think I needed to because he had given me one of the best, most thoughtful, surprise
gifts I have ever gotten the Christmas before we got married. His Christmas gift-giving game was strong. I couldn’t wait to see what all he would get me the next year. Until I did. As I started opening the gifts, I realized they were all things I had put on his parents’ list for me. I guess he noticed I was perplexed because he asked what was wrong. “Nothing,” I said. “But this is just stuff I put on your parents’ list.” “Yeah, I know. You had so many things on there, I just wanted to make sure you got all the stuff you wanted.” Sweetest man in the world, I know, and I am grateful, but I had put the kind of gifts you want to get from your mother-in-law on that list — kitchen gadgets, china pieces, long matronly nightgowns handcrafted for no sexy time — not the kind of gifts you want from your husband. Trying not to be a totally spoiled brat, I said, “I, of course, like all of this stuff, it was on my list but I just didn’t know you and I were doing ‘the list’ too. I didn’t get you anything off the list you gave them. I just got you stuff I thought you would like. (You know, like you are supposed to freaking do at Christmas for the ones you love!! Haven’t you seen those horrible, cheesy, mall jewelry store diamond commercials, for Jared’s sake?)” (The words in parentheses may have been unspoken.) After that year, I made a proclamation we would do “the list” for his parents but he and I would buy surprise gifts for each other. The first year after this proclamation, I received a new mop bucket from my husband. Seriously. Granted, my current one at the time was literally on its last wheel (very thoughtful!) and it did have a bottle of my favorite champagne in it, so it actually was a good gift. And Frank loves telling everyone he gave me a mop bucket one year and so do I (clearly), so it really has been the gift that keeps on giving, but still it was a mop bucket. In subsequent years, he has really hit the ball out of the park with great gifts. And so have I for him. But we’ve both had some misses, too. On a year I found him particularly hard to buy for, I could tell he liked all of the gifts his parents got him better (dang it!) because, well, he was getting exactly what he wanted. And I can’t have that, of course, because obviously Christmas isn’t about celebrating the birth of our Lord and Savior, it’s about me winning this “competition,” which is getting harder and harder. And things are tougher for him too, because at this point in my life, I know I’m really hard to buy for as well because I don’t really need anything. These lists really do make more sense. Dang it. So this year, I proclaimed “no more surprises” and had his mom send me what they weren’t buying him off of his list, and I went to town on their leftovers. How romantic! And I composed two lists, an in-law list for them and a husband list for him. I bet you can’t guess which one the “casserole-warming tote” is on! Christmas morning will be predictable but satisfying. Those things are not bad, right? And really, I know we can both agree the two little ones that will be totally surprised and thrilled by what’s under the tree are the best gifts we could ever give each other. Mop buckets and granny gowns are just gravy. But still, I am not sure I can make it to Christmas without at least getting him one little surprise. I’ve just got too much holiday cheer running through my veins. So we’ll see what happens. … (And no, Frank, this is not a trap and/or test, I swear. Just stick to the husband list.) Frank is sitting somewhere reading this and saying, “Yeah, right.” *** Merry Christmas, everybody! May you get everything you ever dreamed of (or all the highly specific things on your list)!
COMMENTARY | THE BELTWAY BEAT
The shameless antics of Richard Shelby BY JEFF POOR/COLUMNIST/JEFFREYPOOR@GMAIL.COM
L
ast week went about as poorly as it could for most Republicans in Alabama. To begin with, they were forced to back the Nickelback of GOP candidates — a relic from a decade earlier who was awful then, and even more so now. Republicans had Roy Moore foisted upon them as the de facto anti-establishment candidate. By now, we all know the story — the kingmakers in D.C. and Montgomery tried to force Luther Strange down GOP voters’ throats after telling qualified candidates such as Alabama Senate President Del Marsh not to bother and carpet bombing Rep. Mo Brooks with a relentless and untrue ad campaign. Instead of getting “Big Luther” as the Republican nominee, Roy Moore won, and as things are prone to do with Moore, Tuesday’s special Senate election ended badly for the Grand Old Party. A Democrat won for the first time in a statewide election in over a decade. One has to credit Democrats. They did what they had to do. They put up a reasonable candidate. They married an unlikely coalition of African-Americans and suburban voters a generation removed from the white-flight exodus from Alabama’s largest cities. Republicans knew what went wrong immediately after the final vote tally (and many knew well before) — that the weakness in their strategy was simply Roy Moore. Moore’s nomination did not seem like it had to be an election-losing proposition. After all, this is Alabama. People would vote for a fire hydrant as long as it had an “R” next to its name. Moore could withstand whatever was thrown at him,
right? His cult of loyal supporters would be enough in what had to be a low-turnout event — a special election in an off-cycle year in the middle of December. Events like these are traditionally formalities. All of the action happens in GOP primaries, right? Instead, it was the highest-turnout special election in Alabama’s history. If you add a scandal-plagued candidate, a healthy turnout aided by a barrage of national media coverage and a yeoman’s get-out-vote-effort, a Democrat can indeed win in Alabama. It was still close. Roy Moore lost to Doug Jones by 20,000 votes, a mere 1.5 percent of the ballots cast. By that margin, it would be fair to say every little bit counted. But what did not help were Sen. Richard Shelby’s antics. Last month, Shelby publicly proclaimed he would not be voting for Roy Moore. Instead, he said he would be voting for a “distinguished Republican” as a write-in candidate. That was the shot heard around the Beltway. Even Richard Shelby, a “conservative” Republican from Alabama, couldn’t support Judge Moore. Doug Jones wisely capitalized on Shelby’s declaration, upon which Shelby would double-down three days before the special election. His campaign ran numerous ads, and Jones’ supporters echoed Shelby’s words all around a media that was hostile to Moore from the get-go. Shelby can support whoever he wants. However, abandoning the duly elected GOP nominee, who defeated Luther Strange, the candidate that Shelby moved heaven and earth to try to get elected, should have consequences. And it could.
An odd thing happened last week on election eve at Moore’s final rally in Midland City. Rally-goers booed Richard Shelby, and there was no mistake about it. They were booing him. The hardcore Moore supporters had no love for Alabama’s senior senator. That might not sound like a big deal, given that Moore lost. But the general election voters who participated in last week’s election are the ones that choose GOP nominees. It’s those people who show up to Roy Moore rallies on chilly December evenings in Dale County, which is literally in the middle of nowhere. Shelby’s behavior during this election cycle was odd. He could have accepted Strange’s defeat and laid low, as most of his Alabama colleagues on the House side of Capitol Hill did. We know Reps. Mo Brooks, Bradley Byrne and Robert Aderholt stuck it out with Moore. We have no idea what Rep. Martha Roby did in this election. It’s iffy whether Shelby will face punishment from the Alabama Republican Party. If he runs again for re-election, he will be 88 years old. But as one former Alabama Republican Party chairman said, Shelby has been claiming each reelection was his last election for 20 years now. If he does run, Shelby should face formal action from his party. For starters, he was a post-1994 Republican revolution convert from the Democratic Party. That already shows there’s willingness to shift with the direction of the wind for his political benefit. If anything, his rhetoric aided and abetted a political enemy. Sure, no one is saying Shelby’s endorsements have a direct impact on how people vote. But you cannot say it made no difference at all. Now that it’s over, Shelby seems to be in damage-control mode. Somehow, an AL.com reporter happened to be at the Birmingham airport to interview him upon his post-election arrival back in Alabama. Shelby also conducted an interview with Howell Raines that graced the pages of The New York Times last weekend. The goal: Shelby wants to use the John McCain playbook — get back pats from the media to validate his “maverick” behavior. Bradley Byrne said in a post-election interview with NPR that he voted “Republican,” which wasn’t a vote for Moore the person, but for Moore the GOP’s chosen candidate, and he explained why. “I think I signed a pledge to vote for Republican candidates,” Byrne said. “If I feel like I can’t vote for Republican candidates, I shouldn’t be a Republican anymore.” That is probably something Shelby should consider. If he cannot vote for a candidate chosen by Republicans, then maybe the Democratic Party will welcome him back.
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 13
BUSINESS | THE REAL DEAL
Baldwin County real estate predictions BY RON SIVAK/COLUMNIST/BUSINESS@LAGNIAPPEMOBILE.COM
M
att White, president of White-Spunner Realty, recently made a few predictions regarding commercial real estate growth and office space demand in Baldwin County moving into 2018 and beyond. In a news release, White covered the retail and industrial sectors and dished out his big-picture perspective on one of the fastest-growing counties in the country. “With a greater demand for more residential lots on the Alabama Gulf Coast and Florida Panhandle, it stands to reason there will be more retail space needed with more rooftops in Baldwin County on Mobile’s Eastern Shore,” White said. “Smaller grocery-anchored centers will continue to locate around new neighborhoods, along with smaller retail power centers.” He went on to say that retail brick and mortar businesses will continue to adapt to the new landscape Amazon has created around the country. The e-commerce giant has both the ability to deliver goods to the consumer and has the brick and mortar needed to serve its customer base. Success has been seen for retailers opening in smaller developments in such sectors as hair salons, nail shops, pet grooming and cash-advance storefronts. Restaurants are increasingly paying more rent for ideal locations, according to White, which has in turn increased the cost of land for development. Despite Amazon’s disruption to grocery retailers nationally, White predicts Baldwin County could see up to eight more grocery stores set up shop in the area in the next five years. This will take shape with existing grocery providers locating a few typical-sized stores in the county as well as newer, smaller prototypes and new grocery entrants to the market. Because the county’s residential growth shows no signs of slowing, residents will want the services and other items they need located conveniently close to where they live. Research also indicates that the median income of households
projects permitted in Foley between 2016 and 2017. Baldwin County is projected to become the fourth-largest county in Alabama by 2040, according to White. “The growth here will be nothing short of transformational in the next five years,” he said.
Commercial real estate moves
• Ardent Services, a national provider of specialty electrical and instrumentation (E&I) services for process industries and new to the area, recently leased some moving into Baldwin County supports the additional com3,500 square feet of office/warehouse space located at 6255 Rangeline Road in munity shopping centers that will emerge. Mobile this month. Lewis H. Golden of Hamilton & Co. represented the property Regarding office space, White thinks demand for Class owner in the transaction. A property along the Eastern Shore will remain consistent. • Humana has leased some 4,100 square feet of medical space located at 3653 “When construction on the new bridge connecting Mobile Airport Blvd. in Mobile. Allen Garsticky with JLL worked for Humana in the and Baldwin County begins, more professionals will desire transaction. offices on the Eastern Shore,” he said. • Dothan-based Goldfinger’s restaurant chain recently leased 3,000 square feet The Baldwin County Economic Development Assoof fast casual space located at 3151 Dauphin St. in Mobile. Allen Garsticky and ciation recently reported 11 percent growth in jobs in the manufacturing sector and 56 percent growth in the transpor- Buff Teague with JLL managed the transaction for Delaney Property Group, the developer. tation and warehousing sector. • Lewis H. Golden of Hamilton & Co. recently represented the owners of 1751 In the industrial sector, White foresees a continuing Old Shell Road in leasing out Suite C of their historic midtown office building. development of distribution facilities on both side of Mobile Mobile-based advertising firm Mighty will occupy some 2,850 square feet of space Bay, particularly in close proximity to the port, rail and at the site. interstate system. David Dexter of NAI Mobile worked for Mighty in site selection and the lease “Wal-Mart is building one million square feet of warehouse space in West Mobile County and Amazon is building transaction. The street-front Suite A, listed at 2,280 square feet, fronting Old Shell Road and directly across from the recently renovated Old Shell Lofts, is 400,000 square feet of warehouse space nearby just off Interstate 10. Similar projects will continue to be opportuni- still available. • River Bank and Trust has recently released 1,800 square feet of office space ties for commercial growth in Baldwin County,” he said. located at 27900 North Main St. in Daphne. Lee Dale Younce with JLL managed White went on to say more than 60 percent of the Baldthe transaction. win County Economic Development Association’s 2017 • Memphis-headquartered retail auto parts giant AutoZone has announced the projects have facility needs of more than 50,000 square feet and more than 40 percent of their projects have facility opening of a new location in Daphne in early 2018. Standard floorplan size is estimated to be around 2,000 square feet. Buff Teague with JLL worked for the retailer needs of over 100,000 square feet. He predicted the megasite project in Bay Minette will yield dividends in due time. “If you look at where the Department of Transportation Hand Arendall announces merger Mobile-founded Hand Arendall LLC and Harrison Sale McCloy Attorneys at is spending its money on this end of the state, Baldwin County has received fund allocations to build new roads in Law recently announced the merging of the two firms, effective Jan. 1, to become Hand Arendall Harrison Sale LLC. the county and has money allotted for new major roads,” Roger Bates, Hand Arendall LLC’s managing lawyer, has been tapped to he said. oversee the new firm and Franklin Harrison, a founding partner of Harrison Sale White pointed out that four of the five fastest-growing McCloy, will join the firm’s executive committee and serve as the Florida office Alabama cities are located in Baldwin County. The valuation of Foley’s commercial and residential building permits managing lawyer. The new firm will have a footprint in Alabama, Northwest Florida and Missisalone increased from $41 million in fiscal year 2016 to more sippi. Areas of specialty will include real estate, business transactions, health care, than $137 million in fiscal year 2017. That’s at least a 232 commercial litigation, education and employment issues. percent increase in the value of residential and commercial
14 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 15
CUISINE | THE REVIEW
Nostalgia in a marshmallow cookie BY ANDY MACDONALD/CUISINE EDITOR | FATMANSQUEEZE@COMCAST.NET
I
t’s an iconic emblem of our carnival culture. We are suckers for an RC Cola and a MoonPie here in the Port City, adopting what made Chattanooga famous as our own. We even ring in the New Year with a MoonPie drop, so how fitting is it isthat we have our own MoonPie General Store. It’s part of a small chain with most of them in Tennessee cities such as Chattanooga, Franklin, Lynchburg and Pigeon Forge, but there’s also a MoonPie General Store in culinary-heavy Charleston, South Carolina. Mobile is the latest in the group. You’ll find ours in the RSA BankTrust Building, the very one that holds Dauphin’s on the 34th floor and a Pollman’s Bakery on the ground level. It was a beautiful day for a downtown lunch as I made my way through Bienville Square with Katie Evans at my side. We were having a conversation — a deep conversation — about pimiento cheese. It seems the young Katie is under the impression it’s called “pimiento and cheese.” Not down here, sister. She’s an Ole Miss gal who spent years in Memphis followed by a stint in Denver. I guess it was the Denver that rubbed off on her. Anyway, she makes a mean pimiento and cheese, but I always correct her. We enter the building on the St. Francis side and snake through the catacombs of the tower, finding the MoonPie General Store more toward Royal Street. There’s a gift shop on one side, with T-shirts and the like, and a candy shop on the other, with old-school sweets you’ve not seen in decades. The restaurant/soda fountain is right in the middle. We take a seat at the soda bar and strike up the menu talk with our server. I think she was named Jasmine. Jasmine is on her path to culinary school (despite an aversion to gravy and moonpies, together or separately) and was helpful navigating the
WORD OF MOUTH
Brick Pit calling it quits in early January
“It is with heavy heart to announce that The Brick Pit will be closing, probably in early January. The exact date is to be announced because we have a few obligations we are committed to. “Thank you for the years of support and be sure to get by and see us and say goodbye.” That was the Facebook post of Brick Pit’s Mike Bailey last weekend, the one who started (and since ended) a GoFundMe page to purchase the restaurant from owner Bill Armbrecht, who has dealt with major health issues over the past year. The popular restaurant has been on TV shows such as Food Network’s “Tailgate Challenge” (on which they were crowned champions!), “Man vs. Food,” “Man-FireFood,” “101 Best Places to Eat in America” and “Amazing Eats.” More than 60 maga-
four or five pages of options, which led me to notice there were more than a couple of items that included pimiento cheese. Introducing Katie, I told Jasmine of our conversation. “Naw, girl, pimiento cheese are together. There’s no ‘and.’ Those words are married, and they ain’t never breaking up. It’s just pimiento cheese down here.” I inquired about the soup of the day and she said, “Chicken noodle ($3.99).” I said, “Are you sure it’s not chicken and noodle?” I think Jasmine and I got our point across. After all the fuss about dips, sandwiches and hot dogs with pimiento cheese, we ended up not getting any of those things. Jasmine was proud to tell us that on this day we could get breakfast all day. Knowing I wanted a cross-section sample of the menu, I avoided the giant signature breakfast platter and settled on the Conecuh Sausage Breakfast Burrito ($6.49). Coming with hash browns, I couldn’t help dressing them up with cheese, bell peppers, onions, jalapeños and mushrooms. A nod to the Waffle House with sliced American cheese and similar potatoes, for sure, but the burrito was fantastic. Chunks of sausage with no telling how many eggs and cheddar cheese was good enough to share half and save the rest for the morning. Crazy Fries ($8.99) is a thing that’s sweeping our area. Reminding me of Big White Wings in Prichard, the chicken and cheese on these medium-cut fries are drizzled with the trio of house-made ranch, sweet heat sauce and honey mustard. Katie was into the burgers and ordered The Original Mardi Gras ($9.49). This is a blackened burger with blue cheese and bacon, dressed with lettuce, tomato, pickle and onion. Condiments are on the table, but we quartered this and didn’t touch a thing. Even dry it was good, but next time I’ll at least get a little mayo. The previously mentioned chicken noodle soup was very enjoyable, with chicken similar to that in the fries. Nothing fancy,
zines, books and other publications have written about our little barbecue place, and the stars have come out as well. President Bill Clinton, Nicolas Cage, Haley Joel Osment, Freddie Highmore, Danny Lipford and football greats Brett Favre and Gene Stallings have darkened the door a time or two. It looks like time is running out to get your name on the wall. As soon as we hear of a closing date we will post it. We hate to see this one go, but some things don’t last forever.
Downtown Cajun Cook-Off slated for March 24
We just learned the 4th annual Downtown Cajun Cook-Off is slated for Saturday, March 24. Once again, Cathedral Square will be hustling and bustling with competitors from local restaurants and organizations presenting
16 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
it was just a good example of the classic. You should guess that we took a lot of food home with us, but we couldn’t go to the MoonPie General Store without trying a MoonPie, right? The soda fountain called and we answered with a MoonPie Milkshake ($5.99). This was our choice of vanilla ice cream, a salted caramel MoonPie, whipped cream and a cherry on top in a to-go cup. We put together the right combination, as this was one of my favorites that day. I couldn’t leave without perusing the nostalgic candy store, but abstaining from the Big League Chew, Push-Pops, Squirrel Nut Zippers, multiple kinds of Pop Rocks and many other classics was easier with a full stomach. There was even a shaving mug that read, “Jesus Shaves” next to the plastic dancing dashboard version of the Savior once immortalized in song. “I don’t care if it rains or freezes, long as I got my plastic Jesus.” If you think you’ve got to miss out on your Royal Crown at a moonpie place, think again. They had RC Colas lined up in bottles, and I couldn’t resist. I’ll say the first half was not nearly as good as I remember it in the ‘70s, but the last half was divine. It just took a little getting used to. A brisk walk to the car followed by another couple of necessary walking miles when we returned home, and my afternoon was shaping up. This place is what it is, nostalgia in a marshmallow cookie. I dreaded it as a tourist trap but was pleasantly surprised with the food. I think local lunch-goers can safely put this on their list of stops, and we always need more breakfast spots downtown. Monday through Friday they open at 7 a.m. and close at 6 p.m.; Saturday they open at 8 a.m., and Sunday the hours are abbreviated from 11 a.m. until 5 p.m. I’ll be back for the pimiento cheese.
MoonPie General Store RSA BankTrust Building 107 St. Francis St., Suite 115 Mobile 36602 251-301-7453
their best Cajun fare. Presented by Cunningham Bounds LLC, this fundraiser full of food, drink and live music benefits the Child Advocacy Center of Mobile. I’m just glad it doesn’t coincide with St. Patrick’s Day again. That nearly killed me! Tickets are only $10 in advance and make great stocking stuffers. Contact Elaine with the CAC at 251-432-1101 or visit www. cacmobile.org/buynow.shtml.
Siam Thai Cuisine delights WeMo
I can’t get enough Thai food, so it’s worth mentioning new restaurant Siam Thai Cuisine is making a name for itself on Hillcrest between Airport Boulevard and Grelot Road. A smart-looking dining room and great reviews make this a destination worth crossing Interstate 65 to visit. A look at the menu tells you it isn’t straight Thai, though. Summer
rolls, sushi, potstickers and curries suggest more of an Asian melting pot. We don’t mind that at all. As a bonus, they just got their liquor license. Check them out at 915 Hillcrest Road.
Cream & Sugar’s future new management After nearly 30 years in the restaurant biz, Susan Carley is hanging up her apron. The owner of OGD’s Cream & Sugar Café is leaving the coffee shop/eatery in the hands of the team at Kitchen on George. Backed by Virginia College’s Culinary School, they will run both places, one as upscale and the other as casual, rebranding it as Cream & Sugar Café on George. Expect the change mid-January. Thanks, Susan, for years of service. Our last-minute holiday treats will be the cherry cordial cake balls! Recyle!
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 17
DUNKIN DONUTS ($)
DONUTS, COFFEE & SANDWICHES 1976 Michigan Ave. • 442-4846 3876 Airport Blvd. • 219-7369 505 Schillinger Rd. S. • 442-4845 29160 US Hwy 98 • 621-2228 $10/PERSON • $$ 10-25/PERSON • $$$ OVER 25/PERSON
COMPLETELY COMFORTABLE ALL SPORTS BAR & GRILL ($) 3408 Pleasant Valley Rd. • 345-9338
AL’S HOTDOGS ($)
MIKO’S ITALIAN ICE ($)
STEVIE’S KITCHEN ($)
DREAMLAND BBQ ($)
THE WASH HOUSE ($$)
MOMMA GOLDBERG’S DELI ($)
SUGAR RUSH DONUT CO. ($)
MEAT BOSS ($)
A LITTLE VINO
SUNSET POINTE ($-$$)
MOE’S ORIGINAL BAR B QUE ($)
WINE, BEER, GOURMET FOODS, & MORE. 720 Schillinger Rd. S. Unit 8 • 287-1851
HOTDOGS SANDWICHES & COOL TREATS 3371 Dauphin Island Pkwy • 300–4015
E WING HOUSE ($)
195 S University Blvd. Suite H • 662-1829
SANDWICHES & MOMMA’S LOVE 3696 Airport Blvd. • 344-9500 5602 Old Shell Rd. • 287-6556
EUGENE’S MONKEY BAR ($)
MONTEGO’S ($-$$)
15 N Conception St. • 433-2299
FATHOMS LOUNGE
SMALL PLATES AND CREATIVE COCKTAILS 64 S. Water St. • 438-4000
FRESH CARIBBEAN-STYLE FOOD & CRAFT BEER 6601 Airport Blvd. • 634-3445 225 Dauphin St. • 375-1576
MOON PIE GENERAL STORE ($)
CLASSIC HOTDOGS, GYROS & MILKSHAKES 4701 Airport Blvd. • 342-3243
FLOUR GIRLS BAKERY ($)
107 St Francis St #115 • RSA Bank Trust Building
ATLANTA BREAD COMPANY ($-$$)
FIREHOUSE SUBS ($)
MUFFINS, COFFEE & WRAPS 105 Dauphin St. • 433-9855
SANDWICHES, SALADS & MORE. 3680 Dauphin St. • 380-0444
BAKE MY DAY ($)
OLD-FASHIONED SOUTHERN BAKE SHOP 156 N. McGregor Ave. • 219-7261
BOB’S DINER ($)
GOOD OLD AMERICAN COOKING 263 St. Francis St. • 405-1497
BRICK & SPOON ($)
3662 Airport Blvd. Suite A • 525-9177
BUCK’S DINER ($)
CLASSIC AMERICAN DINER 58 N. Secion St. Fairhope • 928-8521
CAFE 219 ($)
SALADS, SANDWICHES & POTATO SALAD 219 Conti St. • 438-5234
CAMELLIA CAFÉ ($-$$$)
CONTEMPORARY SOUTHERN FARE 61 Section St. • Fairhope • 928-4321
809 Hillcrest Rd. • 634-2285
HOT SUBS, COLD SALADS & CATERING 6300 Grelot Rd. • 631-3730
FIVE GUYS BURGERS & FRIES ($) BURGERS, MILKSHAKES & FRIES 4401 Old Shell Rd. • 447-2394 4663 Airport Blvd. • 300-8425 5319 Hwy 90 • 661-0071 1225 Satchel Page Dr.• 378-8768
FOOSACKLY’S ($)
FAMOUS CHICKEN FINGERS 29181 US Hwy 98 • Daphne • 375-1104 7843 Moffett Rd. • 607-6196 1109 Shelton Beach Rd. • 287-1423 310 S. University Blvd. • 343-0047 2250 Airport Blvd. • 479-2922 7641 Airport Blvd. • 607-7667 2558 Schillinger Rd. • 219-7761 3249 Dauphin St. • 479-2000
FOY SUPERFOODS ($) 119 Dauphin St.• 307-8997
GULF COAST EXPLOREUM CAFE ($)
MOSTLY MUFFINS ($) NEWK’S EXPRESS CAFE ($)
OVEN-BAKED SANDWICHES & MORE 1335 Satchel Page Dr. Suite C. • 287-7356 7440 Airport Blvd. • 633-0096 Eastern Shore Center • Spanish Fort • 625-6544
NOURISH CAFE ($)
HEALTHY WHOLE FOODS & MORE 101 N Water St. (Moorer YMCA)• 458-8572
O’DALYS HOLE IN THE WALL ($) 562 Dauphin St.• 725-6429
OLD SHELL GROWLERS ($) GROWLER STATION AND BITES 1801 Old Shell Rd. • 345-4767
PANINI PETE’S ($)
ORIGINAL SANDWICH AND BAKE SHOP 42 ½ Section St. • Fairhope • 929-0122 102 Dauphin St. • 405-0031
PAT’S DOWNTOWN GRILL ($)
CAMMIE’S OLD DUTCH ($)
HOMEMADE SOUPS & SANDWICHES 65 Government St. • 208-6815
CARPE DIEM ($)
SEAFOOD & SANDWICHES 212 ½ Fairhope Ave •Fairhope • 928-4100
PDQ ($)
CLARK’S KITCHEN ($-$$)
3869 Airport Blvd. • 345-9544 5470 Inn Rd. • 661-9117 28975 US 98 • Daphne • 625-3910
POLLMAN’S BAKERY ($)
MOBILE’S CLASSIC ICE CREAM SPOT 2511 Old Shell Rd. • 471-1710
DELI FOODS, PASTRIES & SPECIALTY DRINKS 4072 Old Shell Rd. • 304-0448 CATERING 5817 Old Shell Rd. • 622-0869
CHAT-A-WAY CAFE ($)
QUICHES & SANDWICHES 4366 Old Shell Rd. • 343-9889
CHICK-FIL-A ($)
107 St. Francis St. • 415-1700 3244 Dauphin St. • 476-0320 3215 Bel Air Mall • 476-8361 4707 Airport Blvd. • 461-9933 435 Schillinger Rd. • 639-1163 1682 US HWY 98 • Daphne • 621-3215 30500 AL 181 • Spanish Fort • 621-3020
CHICKEN SALAD CHICK ($)
GUMBO SHACK ($-$$) HOOTERS ($)
JAMAICAN VIBE ($)
MIND-BLOWING ISLAND FOOD 3700 Gov’t Blvd. Ste A • 602-1973
JERSEY MIKE’S ($)
AUTHENTIC SUB SANDWICHES 29660 AL-181 • DAPHNE • 626-3161 3151 Daupin St• 525-9917 7449 Airport Blvd. • 375-1820
JIMMY JOHN’S ($)
SANDWICHES, CATERING & DELIVERY TOO 6920 Airport Blvd. • 414-5444 9 Du Rhu Dr. • 340-8694 62 B Royal St. • 432-0360
CHICKEN SALAD, SALAD & SOUP 2370 S. Hillcrest Rd. Unit R • 660-0501 5753 Old Shell Rd. • 408-3236 1802 US Hwy 98 Suite F• 625-1092
JOE CAIN CAFÉ ($)
CHI-TOWN DAWGZ ($)
1252 Govenment St.• 301-7556
CHICAGO STYLE EATERY 1222 Hillcrest Rd. • 461-6599
CONNECTION FROZEN YOGURT ($) 1880 Industrial Pkwy. • 675-2999
CREAM AND SUGAR ($)
COFFEE, BREAKFAST, LUNCH, DESSERT 351 George St #B • 405-0003
DAUPHIN ST. CAFE ($)
HOT LUNCH, DAILY MENU (INSIDE VIA) 1717 Dauphin St. • 470-5231
D’ MICHAEL’S ($)
PHILLY CHEESE STEAKS, GYROS & MORE 7101-A Theodore Dawes Rd. • 653-2979
D NU SPOT ($)
22159 Halls Mill Rd. . • 648-6522
DELISH BAKERY AND EATERY ($)
PIZZAS, SANDWICHES, COCKTAILS 26 N. Royal St. • 338-2000
JONELLI’S ($)
JUDY’S PLACE ($-$$)
HOME COOKING 4054 Government St. • 665-4557
LICKIN’ GOOD DONUTS ($) 3915 Gov’t Blvd. • 219-7922
LODA BIER GARTEN ($) PUB FOOD AND DRAFT BEERS 251 Dauphin St. • 287-6871
MAMA’S ($)
SLAP YOUR MAMA GOOD HOME COOKING 220 Dauphin St. • 432-6262
MARS HILL CAFE ($)
GREAT SANDWICHES, COFFEE & MORE 1087 Downtowner Blvd. • 643-1611
MARY’S SOUTHERN COOKING ($) 3011 Springhill Ave. • 476-2232
BAR FOOD 271 Dauphin St • 438-9585
CHICKEN FINGERS, SALAD & SANDWICHES. 1165 University Blvd. • 202-0959
AT FLU CREEK 831 N Section St. • Fairhope • 990-7766
THE BLIND MULE ($)
DAILY SPECIALS MADE FROM SCRATCH 57 N. Claiborne St. • 694-6853
THE GALLEY ($)
OPEN FOR LUNCH, INSIDE GULFQUEST 155 S. Water St • 436-8901
THE HARBERDASHER ($) 113 Dauphin St.• 436-0989
5401 Cottage Hill Rd. • 591-4842 BARBEQUE & MUSIC Bayfront Park Dr. • Daphne • 625-RIBS 701 Springhill Ave. • 410-7427 4672 Airport Blvd. • 300-8516
SAUCY Q BARBQUE ($) AWARD-WINNING BARBQUE 1111 Gov’t Blvd. • 433-7427
SMOKEY DEMBO SMOKE HOUSE ($) 3758 Dauphin Island Pkwy. • 473-1401
THE PIGEON HOLE ($)
DROP DEAD GOURMET
THE SUNFLOWER CAFE ($)
A PREMIER CATERER & COOKING CLASSES 1880-A Airport Blvd. • 450-9051
SOUTHERN COOKING & THEN SOME 1716 Main St. Daphne • 222-4120 INSIDE VIRGINIA’S HEALTH FOOD 3055 A Dauphin St • 479-3200
THYME BY THE BAY ($-$$)
33 N Section St. • Fairhope • 990-5635
TIME TO EAT CAFE ($)
DOWN-HOME COUNTRY COOKIN 7351 Theodore Dawes Rd. • 654-0228 13665 N. Wintzell Ave. • 824-1119
TIN ROOF ($-$$)
SOUTHERN CASUAL FAMILY DINING 10800 US HWY 31 • Spanish Fort• 621-4995
TP CROCKMIERS ($)
AMERICAN RESTAURANT & BAR 250 Dauphin St. • 476-1890
THREE GEORGES CANDY SHOP ($) LIGHT LUNCH WITH SOUTHERN FLAIR. 226 Dauphin St. • 433-6725
17111 Scenic HWY 98 • Point Clear • 928-4838
DOMKE MARKET FOOD PAK
FOOD, WINE & MORE 5150 Old Shell Rd. • 341-1497
POUR BABY
WINE BAR, CRAFT BEERS & BISTRO 6808 Airport Blvd. • 343-3555
FIREHOUSE WINE BAR & SHOP 216 St Francis St. • 421-2022
RED OR WHITE
323A De La Mare Ave, Fairhope • 990-0003 1104 Dauphin St.. • 478-9494
BAY GOURMET ($$)
ROYAL STREET TAVERN
BRIQUETTES STEAKHOUSE ($-$$)
SOUTHERN NAPA
CHUCK’S FISH ($$)
FALAFEL? TRY SOME HUMMUS
CORNER 251 ($-$$)
HEALTHY, DELICIOUS MEDITERRANEAN FOOD. 3762 Airport Blvd. • 725-1177
GRILLED STEAKS, CHICKEN & SEAFOOD 312 Schillinger Rd • 607-7200 901 Montlimar Dr • 408-3133 SEAFOOD AND SUSHI 551 Dauphin St.• 219-7051 HIGH QUALITY FOOD & DRINKS 251 Government St • 460-3157
DAUPHIN’S ($$-$$$)
HIGH QUALITY FOOD WITH A VIEW 107 St. Francis St • 444-0200
LIVE MUSIC, MARTINIS & DINNER MENU. 26 N. Royal St. • 338-2000 BISTRO PLATES, CRAFT BEERS & PANTRY 2304 Main St. • 375-2800
7 SPICE ($-$$)
ABBA’S MEDITERRANEAN CAFE ($-$$) 4861 Bit & Spur Rd. • 340-6464
ISTANBUL GRILL ($)
AUTHENTIC TURKISH & MEDITERRANEAN 3702 Airport Blvd. • 461-6901
DUMBWAITER ($$-$$$)
JERUSALEM CAFE ($-$$)
FIVE ($$)
MEDITERRANEAN SANDWICH COMPANY ($)
9 Du Rhu Dr. Suite 201 167 Dauphin St. • 445-3802
GREAT FOOD AND COCKTAILS 609 Dauphin St. • 308-3105
MOBILE’S OLDEST MIDDLE EASTERN CUISINE 5773 Airport Blvd. • 304-1155
TROPICAL SMOOTHIE ($)
GREAT SMOOTHIES, WRAPS & SANDWICHES. Du Rhu Dr. • 378-5648 570 Schillinger Road • 634-3454
KITCHEN ON GEORGE ($-$$)
GREAT & QUICK. 3702 Airport Blvd. • 308-2131 274 Dauphin St. • 545-3161 2502 Schillinger Rd. Ste. 2 • 725-0126 6890 US-90 • DAPHNE • 621-2271
PUNTA CLARA KITCHEN ($)
UNCLE JIMMY’S DELICIOUS HOTDOGS ($)
LAUNCH ($-$$)
MINT HOOKAH BISTRO ($)
2550 Dauphin Island Pkwy S. • 307-5328
HIGH QUALITY FOOD & DRINKS 251 Government St. • 432-8000
WAREHOUSE BAKERY & DONUTS ($)
MAGHEE’S GRILL ON THE HILL ($-$$)
OLLIE’S MEDITERRANEAN GRILL ($-$$)
FUDGE, PRALINES & MORE 17111 Scenic Hwy 98 • Fairhope • 928-8477
R BISTRO ($-$$)
334 Fairhope Ave • Fairhope • 928-2399
REGINA’S KITCHEN ($-$$) SANDWICHES, SUBS & SOUPS 2056 Gov’t St. • 476-2777
ROLY POLY ($)
COFFEE AND DONUTS 759 Nichols Avenue, Fairhope • 928-7223
WILD WING STATION ($) 1500 Gov’t St. • 287-1526
CONTEMPORARY AMERICAN FOOD 351A George & Savannah St. • 436-8890
GREAT LUNCH & DINNER 3607 Old Shell Rd. • 445-8700
NOBLE SOUTH ($$)
LOCAL INGREDIENTS 203 Dauphin St. • 690-6824
WRAPS & SALADS 3220 Dauphin St. • 479-2480
THE WINDMILL MARKET ($)
85 N. Bancroft St. Fairhope • 990.8883
NOJA ($$-$$$)
ROSHELL’S CAFE ($)
YAK THE KATHMANDU KITCHEN ($-$$)
OSMAN’S RESTAURANT ($$)
2906 Springhill Ave. • 479-4614
ROSIE’S GRILL ($-$$)
SANDWICHES, SOUTHWEST FARE, 7 DAYS 1203 Hwy 98 Ste. 3D • Daphne • 626-2440
ROYAL KNIGHT ($)
LUNCH & DINNER 3004 Gov’t Blvd. • 287-1220
ROYAL STREET CAFE ($) HOMEMADE LUNCH & BREAKFAST 104 N. Royal St. • 434-0011
SALLY’S PIECE-A-CAKE ($) BAKERY 5638 Three Notch Rd.• 219-6379
SATORI COFFEEHOUSE ($)
COFFEE, SMOOTHIES, LUNCH & BEERS. 5460 Old Shell Rd. • 344-4575
SERDA’S COFFEEHOUSE ($)
MICHELI’S CAFE ($)
6358 Cottage Hill Rd. • 725-6917
COFFEE, LUNCHES, LIVE MUSIC & GELATO 3 Royal St. S. • 415-3000
DEW DROP INN ($)
MCSHARRY’S ($-$$)
SIMPLY SWEET ($)
AUTHENTIC IRISH PUB 101 N. Bancroft St.• 990-5100
4701 Airport Blvd. • 408-3379
RIBS, SANDWICHES & GREAT SIDES 3314 Old Shell Rd. • 479-9898
BAKERY, SANDWICHES & MORE 750 S. Broad St. • 438-1511 4464 Old Shell Rd. • 342-8546 107 St. Francis St. Suite 102 • 438-2261
GREAT DESSERTS & HOT LUNCH 23 Upham St. • 473-6115
CLASSIC BURGERS, HOTDOGS & SETTING 1808 Old Shell Rd. • 473-7872
SANDWICHES, SOUPS, SALADS & MORE 41 West I-65 Service Rd. N Suite 150. • 287-2793
CUPCAKE BOUTIQUE 6207 Cottage Hill Rd. Suite B • 665-3003
18 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
AUTHENTIC FOODS FROM HIMALAYAN REGION 3210 Dauphin St. • 287-0115 400 Eastern Shore Center • 459-2862
‘CUE
BACKYARD CAFE & BBQ ($) HOME COOKIN’ LIKE MOMMA MADE. 2804 Springhill Ave. • 473-4739
BAR-B-QUING WITH MY HONEY ($$) BBQ, BURGERS, WINGS & SEAFOOD 19170 Hwy 43 Mt. Vernon. • 829-9227
BRICK PIT ($)
A FAVORITE BARBECUE SPOT 5456 Old Shell Rd. • 343-0001
COTTON STATE BBQ ($)
DOWNTOWN LUNCH 101 N. Conception St. • 545-4682
DICKEY’S BARBECUE PIT ($-$$) BBQ AND MORE Jubilee Sq.Ctr. Hwy 90, Daphne • 210-2151 McGowin Park Ctr. Satchel Paige Dr. • 471-1050 7721 Airport Blvd. • 380-8957
GREAT MEDITERRANEAN FOOD. 5951 Old Shell Rd. • 450-9191
MEDITERRANEAN RESTAURANT & HOOKAH 1248 Hillcrest St • 634-9820
TAZIKI’S ($-$$)
MEDITERRANEAN CAFE 1539 US HWY 98• 273-3337
INVENTIVE & VERY FRESH CUISINE 6 N. Jackson St. • 433-0377
FAR EASTERN FARE
SUPREME EUROPEAN CUISINE 2579 Halls Mill Rd. • 479-0006
4513 Old Shell Rd.• 473-0007
ROYAL SCAM ($$)
GUMBO, ANGUS BEEF & BAR 72. S. Royal St. • 432-SCAM (7226)
RUTH’S CHRIS STEAK HOUSE ($$$) EXCEPTIONAL SERVICE & TASTE 271 Glenwood St. • 476-0516
SAGE RESTAURANT ($$) INSIDE THE MOBILE MARRIOTT 3101 Airport Blvd. • 476-6400
SOUTHERN NATIONAL ($$-$$$) 360 Dauphin St • 308-2387
VON’S BISTRO ($-$$)
SEAFOOD, ASIAN & AMERICAN CUISINE 69 St. Michael St • 375-1113
TAMARA’S DOWNTOWN ($$)
ANG BAHAY KUBO ($$)
BAMBOO STEAKHOUSE ($$) SUSHI BAR 650 Cody Rd. S • 300-8383
BANGKOK THAI ($-$$)
DELICIOUS, TRADITIONAL THAI CUISINE 28600 US 98 • Daphne • 626-5286 3821 Airport Blvd. • 344-9995
BANZAI JAPANESE RESTAURANT ($$) TRADITIONAL SUSHI & LUNCH. 312 Schillinger Rd. • 633-9077
BENJAS ($)
THAI & SUSHI 5369 D Hwy 90 W • 661-5100
CHARM ($-$$)
THAI KITCHEN & SUSHI BAR 960 Schillinger Rd. S • 660-4470
CASUAL FINE DINING 104 N. Section St. • Fairhope • 929-2219
CHINA DOLL ($)
THE TRELLIS ROOM ($$$)
CUISINE OF INDIA ($$)
CONTEMPORARY SOUTHERN CUISINE Battle House Hotel, Royal St. • 338-5493
3966 Airport Blvd.• 343-5530 LUNCH BUFFET 3674 Airport Blvd. • 341-6171
FUJI SAN ($)
THAI FARE AND SUSHI 2000 Airport Blvd. • 478-9888
FELIX’S FISH CAMP ($$) UPSCALE DINING WITH A VIEW 1420 Hwy. 98 • 626-6710
BUFFALO WILD WINGS ($) BEST WINGS & SPORTING EVENTS 6341 Airport Blvd. • 378-5955
GOLDEN BOWL ($)
FISHERMAN’S LEGACY ($)
BUTCH CASSIDY’S ($)
HIBACHI 1 ($-$$)
HALF SHELL OYSTER HOUSE ($)
CALLAGHAN’S IRISH SOCIAL CLUB ($)
HIBACHI GRILL & ASIAN CUISINE 309 Bel Air Blvd • 470-8033 2370 Hillcrest Rd. Unit B • 380-6062
ICHIBAN SUSHI ($)
JAPANESE & CHINESE CUISINE 3959 Cottage Hill Rd • 666-6266
KAI JAPANESE RESTAURANT ($-$$) QUALITY FOOD, EXCELLENT SERVICE 5045 Cottage Hill Rd. • 607-6454
LIQUID ($$)
AMAZING SUSHI & ASSORTMENT OF ROLLS. 661 Dauphin St. • 432-0109
RICE ASIAN GRILL & SUSHI BAR ($) 3964 Gov’t Blvd. • 378-8083
ROCK N ROLL SUSHI ($$)
273 S. McGregor Ave • 287-0445 6345 Airport Blvd. • 287-0555 940 Industrial Pkwy • 308-2158 6850 US HWY 98 • Daphne • 753-4367
STIX ($$)
610240 Eastern Shore Blvd. • 621-9088
TASTE OF THAI ($$)
9091 US-90 Irvington • 957-1414
TOKYO JAPANESE STEAK HOUSE ($$) UPSCALE SUSHI & HIBACHI 364 Azalea Rd. • 343-6622
WASABI SUSHI ($$)
JAPANESE CUISINE 3654 Airport Blvd. S. C • 725-6078
FROM THE DEPTHS BAUDEAN’S ($$)
FRIED, GRILLED, STEAMED & ALWAYS FRESH 3300 River Rd. • 973-9070
THE BLUEGILL ($-$$)
A HISTORIC SEAFOOD DIVE W/ LIVE MUSIC 3775 Hwy. 98 • 625-1998
BONEFISH GRILL ($$)
ECLECTIC DINING & SPACE 6955 Airport Blvd. • 633-7196
BOUDREAUX’S CAJUN GRILL ($-$$) QUALITY CAJUN & NEW ORLEANS CUISINE 29249 US Highway 98 Daphne. • 621-1991
CRAVIN CAJUN/DIP SEAFOOD ($) PO-BOYS, SALADS & SEAFOOD 1870 Dauphin Island Pkwy • 287-1168
ED’S SEAFOOD SHED ($$)
FRIED SEAFOOD SERVED IN HEFTY PORTIONS 3382 Hwy. 98 • 625-1947
DELI, MARKET AND CATERING. 4380 Halls Mill Rd. • 665-2266
30500 AL-181 • Spanish Fort • 206-8768 3654 Airport Blvd. • 338-9350
LUCY B. GOODE ($$)
GULF COAST CUISINE, REINVENTED 200 E. 25th Ave. • Gulf Shores • 967-5858
LULU’S ($$)
LIVE MUSIC & GREAT SEAFOOD 200 E. 25th Ave. • Gulf Shores • 967-5858
MUDBUGS AT THE LOOP ($) CAJUN KITCHEN & SEAFOOD MARKET 2005 Government St. • 478-9897
OFF THE HOOK MARINA & GRILL($) CAJUN INSPIRED/FRESH SEAFOOD & MORE 621 N Craft Hwy • Chickasaw • 422-3412
RALPH & KACOO’S ($-$$) THE SEAFOOD RESTAURANT 1595 Battleship Pkwy. • 626-0045
FAMOUS BURGERS, SANDWICHES & WINGS 60 N. Florida St. • 450-0690 BURGERS & BEER 916 Charleston St. • 433-9374
HEROES SPORTS BAR & GRILLE ($) SANDWICHES & COLD BEER 273 Dauphin St. • 433-4376 Hillcrest & Old Shell Rd. • 341-9464
HURRICANE GRILL & WINGS ($-$$) WINGS, SEAFOOD, BURGERS & BEER 7721 Airport Blvd. Suite E-180 • 639-6832
ISLAND WING CO ($)
EVERYTHING BAKED OR GRILLED 2617 Dauphin St. • 476-9464
MANCIS ($)
1715 Main St. • 375-0543
MCSHARRY’S IRISH PUB ($)
BRILLIANT REUBENS & FISH-N-CHIPS. 101 N. Brancroft St. Fairhope • 990-5100
R&R SEAFOOD ($-$$)
MUG SHOTS ($$)
RIVER SHACK ($-$$)
OLD 27 GRILL ($)
LAID-BACK EATERY & FISH MARKET 1477 Battleship Pkwy. • 621-8366 SEAFOOD, BURGERS & STEAKS 6120 Marina Dr. • Dog River • 443-7318.
THE GRAND MARINER ($-$$) LOCAL SEAFOOD & PRODUCE 6036 Rock Point Rd. • 443-7540
THE HARBOR ROOM ($-$$) UNIQUE SEAFOOD 64 S. Water St. • 438-4000
THE SEAFOOD HOUSE ($-$$) 751 Azalea Rd. • 301-7964
TIN TOP RESTAURANT & OYSTER BAR ($$) SEAFOOD, STEAKS, & EXTENSIVE WINE LIST 6232 Bon Secour Hwy County Rd. 10. • 949-5086
WINTZELL’S OYSTER HOUSE ($-$$) FRESH SEAFOOD FOR OVER 75 YEARS 605 Dauphin St. • 432-4605 6700 Airport Blvd. • 341-1111 1208 Shelton Beach Rd. • Saraland • 442-3335 805 S. Mobile St. • 929-2322
IS THE GAME ON?
ASHLAND MIDTOWN PUB ($-$$) PIZZAS, PASTAS, & CALZONES 245-A Old Shell Rd. • 479-3278
BAUMHOWER’S ($)
WINGS, BURGERS & PUB GRUB 6880 US-90 #14 • Daphne • 625-4695
BAR & GRILL 29740 Urgent Care Dr. • Daphne • 662-9639 6255 Airport Blvd. • 447-2514 BURGERS, DOGS & 27 BEERS & WINES. 19992 Hwy.181 Old County Rd. Fairhope • 281-2663
LUCKY’S IRISH PUB ($)
IRISH PUB FARE & MORE 1108 Shelton Beach Rd •Saraland • 473-0757 3692 Airport Blvd • 414-3000
WEMOS ($)
WINGS, TENDERS, HOTDOGS & SANDWICHES 312 Schillinger Rd. • 633-5877
MAMA MIA!
BUCK’S PIZZA ($$)
DELIVERY 350 Dauphin St. • 431-9444
JONELLI’S ($)
COMFORT FOOD 1716 Main St. Ste. C • Daphne • 281-2982
MARCOS ($)
GUIDO’S ($$)
FRESH CUISINE NIGHTLY ON MENU 1709 Main St. • Daphne • 626-6082
HOUSE OF PIZZA ($)
3958 Snow Rd C. • Semmes • 645-3400
FUEGO ($-$$)
PIES & AWESOME BEER SELECTION 2032 Airport Blvd. • 471-4700 5660 Old Shell Rd. • 380-1500 2409 Schillinger Rd S • 525-8431 29698 Frederick Blvd.• Daphne • 621-3911
MIRKO ($$)
PASTA & MORE 9 Du Rhu Dr. • 340-6611
MARIA BONITA AGAVE BAR & GRILL ($-$$) OLÉ MI AMIGO ($-$$)
PIZZA & PASTA 107 Dauphin St. • 375-1644
HEARTY MEXICAN FARE 736 holcombe Ave.• 473-0413
ROMA CAFE ($-$$)
3050 AL 181 • Spanish Fort • 621-7433
POOR MEXICAN ($)
PASTA, SALAD AND SANDWICHES 7143 Airport Blvd. • 341-7217
ROOSTER’S ($)
TAMARA’S BAR & GRILL ($)
WINGS, PO-BOYS, BURGERS 210 Eastern Shore Center, Hwy. 98 • 929-0002
TRATTORIA PIZZA & ITALIAN ($$) ITALIAN FOOD & PIZZAS 11311 US HIghway 31 Spanish Fort• 375-0076 HOMEMADE PASTAS & PIZZAS MADE DAILY 5901 Old Shell Rd. • 342-3677
AZTECAS ($-$$)
TASTE OF MEXICO 5452 Hwy 90 W • 661-5509
CAFÉ DEL RIO ($-$$)
MOUTH WATERING MEXICAN FOOD 1175 Battleship Pkwy • 625-2722
CINCO DE MAYO ($) MEXICAN CUISINE 260 Azalea Rd. • 375-1095
EXCEPTIONAL SERVICE & TASTE
MAGNOLIA HOUSE ($$-$$$)
TASTE OF MEXICO 880 Schillinger Rd. S. • 633-6122 5805 US 90 • 653-9163
MEXICAN CUISINE 3977 Gov’t Blvd. • 660-4970
PIZZERIA DELFINA ($)
AMERICAN FARE & ROCKIN’ MEMORABILIA
RUTH’S CHRIS STEAK HOUSE ($$$)
HACIENDA SAN MIGUEL ($-$$)
PINZONE’S ITALIAN VILLAGE ($$)
PIZZA, PASTA, SALAD & MORE 102 N. Section St. •Fairhope• 929-2525
HALF SHELL OYSTER HOUSE ($-$$) HARD ROCK CAFÉ ($)
HARRAH’S GULF COAST:
QUAINT MEXICAN RESTAURANT 5556 Old Shell Rd. • 345-7484
RAVENITE ($)
777 Beach Blvd.Biloxi • 877-877-6256
5713 Old Shell Rd.• 338-9697
LOS ARCOS ($)
AUTHENTIC ITALIAN DISHES 312 Fairhope Ave. • Fairhope • 990-5535
HARD ROCK CASINO:
FUZZY’S TACO SHOP ($)
PAPA’S PLACE ($$)
A TASTE OF ITALY. BYOB. 28691 U.S. Highway 98 • 626-1999
BREAKFAST, LUNCH, DINNER, LATE NIGHT
SATISFACTION ($-$$)
AUTHENTIC MEXICAN CUISINE 800 N Section St. • Fairhope • 990-0783 830 W I65 Service Rd. S • 378-5837 4663 Airport Blvd. • 342-5553
PIZZA, SUBS & PASTA 1368 ½ Navco Rd.• 479-0066
TERRACE CAFE ($)
OUTSTANDING MEXICAN CUISINE 2066 Old Shell Rd. • 378-8621
LA COCINA ($)
NAVCO PIZZA ($$)
OLÉ MI AMIGO!
Bel Air Mall • 476-2063
212 Fairhope Ave. • 928-8108
763 Holcombe Ave • 473-0413
MELLOW MUSHROOM ($)
GAMBINO’S ITALIAN GRILL ($) GRIMALDI’S ($)
EL CAMINO TACO SHACK ($) EL MARIACHI ($)
5055 Cottage Hill Rd. • 308-4888 2394 Dawes Rr. • 639-3535 2004 US 98 • Daphne • 265-6550
CORTLANDT’S PIZZA PUB ($-$$)
ITALIAN, STEAKS & SEAFOOD 18 Laurel Ave. • Fairhope • 990-0995
ENCHILADAS, TACOS, & AUTHENTIC FARE Ok Bicycle Shop • 661 Dauphin St. • 432-2453
LA ROSSO ($$)
VIA EMILIA ($$)
GREAT PIZZA. LUNCH & DINNER 4356 Old Shell Rd. • 342-0024
DAUPHIN ST. TAQUERIA ($)
1252 Gov’t St. • 301-7556
LATIN AMERICAN FOOD 211 Dauphin St. • 375-1076
TAQUERIA CANCUN ($)
3172 International Dr. • 476-9967
TAQUERIA MEXICO ($-$$)
SOUTHERN FAVORITES BUFFET
280 Beach Blvd. Biloxi • 288-436-2946 FINE DINING, SEAFOOD AND STEAKS
FLAVORS BUFFET ($-$$) ALL YOU CAN EAT BUFFET
IP CASINO:
850 Bayview Ave. Bilox • 888-946-2847
THIRTY-TWO ($$$) SEAFOOD, STEAKS, WINE
TIEN ($-$$)
INTERACTIVE ASIAN DINING
HIGH TIDE CAFÉ ($)
CASUAL & RELAXING, EXTENSIVE MENU
ISLAND VIEW:
3300 W. Beach Blvd. Biloxi • 877-774-8439
BEACH BLVD STEAMER ($) SEAFOOD
CARTER GREEN STEAKHOUSE ($$-$$$) RICH TRADITIONS, STEAK, SEAFOOD
C&G GRILLE ($)
LARGE BREAKFAST, LUNCH OR DINNER MENU
PALACE CASINO:
158 Howard Ave. Biloxi • 800-725-2239
MIGNON’S ($$$)
STEAKS, SEAFOOD, FINE WINE
PLACE BUFFET ($-$$) INTERACTIVE ASIAN DINING
STACKED GRILL ($-$$)
BURGERS AND EVERYTHING IN BETWEEN
AUTHENTIC MEXICAN FLAVOR 3733 Airport Blvd. • 414-4496
TREASURE BAY:
NO GAMBLING CASINO FARE
THE DEN ($-$$)
1980 Beach Blvd. Biloxi • 800-747-2839 INTIMATE & CASUAL WITH DAILY SPECIALS
BEAU RIVAGE:
CQ ($$-$$$)
BR PRIME ($$-$$$)
BLU ($)
COAST RESTAURANT ($-$$)
WIND CREEK CASINO:
JIA ($-$$)
FIRE ($$-$$$)
875 Beach Blvd. Biloxi • 888-952-2582 FINE DINING ESTABLISHMENT. BURGER, WINGS, PIZZA
EXOTIC CUISINE AND SUSHI
STALLA ($$)
ITALIAN COOKING
ELEGANT ATMOSPHERE & TANTALIZING ENTREES LOUNGE WITH COCKTAILS & TAPAS MENU
303 Poarch Rd. Atmore • 866-946-3360 PRIME STEAKS, SEAFOOD & WINE
GRILL ($)
CONTEMPORARY & OLD-FASHIONED FAVORITES
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 19
CUISINE | THE BEER PROFESSOR
Dark holiday brews for the dark days of winter BY TOM WARD/THE BEER PROFESSOR
S
selection, Accumulation, on the other hand, is an excellent White India Pale Ale. Brewed with wheat, it has a cloudy appearance, and while it is defiantly an IPA, with good hop flavors, it had some nice citrusy flavors that tempered its bitterness. It was excellent. Finally, closer to home, Fairhope Brewing Co. is currently offering its Gingerbread Spiced Stout on tap. As I like gingerbread, I like stout and I like Fairhope Brewing Co., I thought I would really enjoy this holiday-inspired brew, but it was too sweet and gingerbready for me. No matter, as there are lots of good beers at the taproom on Nichols Avenue. And if you are looking to take a break from shopping or any of the other holiday stressors, there will be live music at Fairhope Brewing on Dec. 22 and Dec. 23. Down at Gulf Shores, Big Beach Brewing Co. will also have live music on Dec. 22 and 23, and will be open Christmas Eve until 6.30 p.m. So put down the eggnog, grab a brew and have a great holiday season!
20 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
Photo | New Belgium Brewing
easonal brews have become commonplace, and perhaps overdone, by brewers both large and small. Ostensibly a take on the German Oktoberfest tradition, there are now special pumpkin stouts in the fall, light spring saisons and lemon shandys in the summer. As winter begins to fill the air here on the Gulf Coast — we’ve already had a rare snowfall this season — there is a new host of winter styles brewers near and far want you to try. So I tried several. Now that the “war on Christmas” has been won and we can once again celebrate the birth of the Lord openly and without persecution (thanks, President Trump!), Louisiana’s Abita Brewing Co. is free to brew its Christmas Ale, which has been out of production since way back in December 2016. Abita’s holiday brew is an amber ale — dark, with a thick head and rich malt taste. More bitter than a lot of amber ales, I liked it lot. For the rest of us who celebrate Festivus, Chicago’s Goose Island Beer Co.’s annual winter brew, Goose Fest Bier, is also a dark amber, but very different from the Abita. Dark in color, it had no head and a bold aftertaste with hints of bourbon. It was good but strong, and while only 5.7 percent ABV, I’m not sure I would like more than one at a sitting. For you Druids out there celebrating the winter solstice, another amber brew, Samuel Adams’ Winter Lager, has light notes of spices, but is for the most part a rather nondescript beer It was by far the blandest of the holiday beers I sampled. Colorado’s New Belgium Brewing’s winter
The seasonal Accumulation from New Belgium is a white IPA described as big and bitter, with the addition of wheat smoothing out the rough edge.
STYLE GARDENING
Try citrus in your yard
BY CAROL WILLIAMS, MOBILE MASTER GARDENER | COASTALALABAMAGARDENING@GMAIL.COM
Q: After eating sweet satsumas from my neighbor’s trees, I’ve
The tree will be labeled as such if it is a dwarf variety. Choose early-ripening varieties so that you will be able to harvest fruit before severe cold can freeze it. The delight of most citrus grown in our area is that it doesn’t have to be picked immediately upon ripening but will keep well on the tree for a few Although on the northern limits of climate suitable for weeks when the weather cooperates. Meyer lemons, a cross of citrus, there are hundreds, maybe thousands of productive and tangerine and lemon, begin ripening as early as late summer and beautiful citrus trees in Mobile’s yards and orchards. Once established, citrus requires little care, and careful planning before can be harvested into December. Satsumas, especially the Owari you plant will give you years of pleasure, both picking the sweet and Brown’s Select varieties, begin ripening in September and can be picked into late November. fruits and enjoying the evergreen beauty in your own yard. The Washington navel orange and the Cara Cara blood orange First, consider location, location, location! The greatest threat to citrus in our area is cold weather. An early freeze may ruin the are also recommended for our area because they are early-fruitfruit before it is picked, or a later, very hard freeze may endanger ing varieties. Duncan and Triumph grapefruit are early-to-midseason grapefruit, and Marsh and Ruby varieties can be picked the tree itself. You can mitigate that problem by carefully selecting a protective location. Look for an available southern exposure into late September but improve in flavor if left until November or December. Kumquats are among the most cold-hardy of the citrus protected from the wintry north wind. Although they prefer full and include the Nagami, tart and oval-shaped, and the Meiwa, sun, you may also consider planting citrus under a light canopy sweet and round. Limes are the most cold-sensitive citrus fruit and of mature live oaks or pines, or near a structure such as your house for best winter protection. If possible, avoid planting at the are recommended only as container plants for our area. Most citrus is self-fertilizing so you will only need one tree base of a hill, as freezing air sinks. for fruit, but some tangerine hybrids require a partner tree for After choosing a good location, consider the available soil. cross-pollination. Research the variety that you might want before Citrus does well in our sandy loam so long as it has good drainbuying to be sure. age. It does not like to have wet feet! If you have doubts, plan to The best time of year to plant citrus is late winter to early build a large raised bed for your citrus tree. spring. Do not add fertilizer or other soil amendments when you In any case, clear an area at least five feet in diameter of all plant as this may risk root damage. Your new tree will need 1-2 grasses and competing weeds before planting. As the tree mainches of water every 7-10 days during the first year. If rain is not tures, keeping the area under the canopy clear of all competition sufficient, remember to water regularly. will provide a nicer landscape as well as a healthier tree. MulchBegin fertilizing in April, using a fertilizer formulated for citrus, ing is always a good idea, but keep it at least 12 inches from the if possible, or a regular balanced fertilizer with added micronutribase of your citrus tree to reduce chances for disease. ents. Follow again in June and July. Some citrus varieties that cannot produce well here are If the branches on your new tree have not been cut back to 6-12 commercially available locally, so choose your tree carefully. inch lengths, cut them as soon as the tree is planted. This brings the Consider your personal taste preferences, your space, how you tree in line with its root system and allows vigorous regrowth. will use the fruit and weather considerations. All commercially If sprouts appear anywhere below the large upper or “scaffold” available citrus trees are grafted, most commonly onto the trifolibranches, remove them. Often citrus will bloom the first spring or ate orange, which adds cold-hardiness, or the Poncirus trifoliata may already have fruit on it when planted, but any fruit produced “Flying Dragon” orange, which also adds dwarf characteristics. decided I’d like to plant some citrus trees in my yard. What tips do you have to help me get started?
A:
the first three years will likely be of inferior quality. The recent recommendation is to remove blooms and fruit for those years, allowing the tree to mature and develop a strong root system. Once the tree has sufficiently matured, the results will be more fruit of higher quality year after year. There are few pests that trouble citrus in our area; most cause cosmetic damage without hurting the tree or the fruit. Add that low maintenance to the lovely fragrance of the blossoms and the tasty fruit harvest, and citrus is a wonderful addition to any yard or garden. For more detailed lists of appropriate citrus varieties as well as planting and maintenance information, visit the website www.aces. edu for “Citrus” or ask our local cooperative extension for publication ANR-603 “Citrus for Southern and Coastal Alabama.” YOU ARE INVITED TO THESE UPCOMING GARDENING EVENTS What: Mobile Master Gardeners Monthly Meeting When: Thursday, Jan. 11, 10:30-11:45 a.m. Where: Jon Archer Center, 1070 Schillinger Road N., Mobile Topic: Stevia, presented by Jack Lecroy, Urban Regional Extension Agent What: Mobile County Master Gardeners 2018 Spring Seminar When: Saturday, Feb. 17, 9:30 a.m. to 3 p.m.) Where: Mobile Botanical Gardens, 5151 Museum Drive, Mobile Speakers: Restoring a Historic Garden, presented by Susan Haltom (author of “One Writer’s Garden: Eudora Welty’s Homeplace”) and Ordinary Plants/Extraordinary Stories, presented by Carol Reece Door prizes, silent auction, delicious box lunch in a beautiful garden setting! Cost: $35, non-refundable advance reservations are required. Deadline to register: Feb. 9. Send checks payable to MCMG to 2221 Dogwood Court N., Mobile, AL 36693. Call 251-209-6425 for credit card purchase.
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 21
ART ARTIFICE
Winthrop Corey joins Classical Ballet of Mobile BY KEVIN LEE/ARTS EDITOR/KLEE@LAGNIAPPEMOBILE.COM
A
familiar name has returned to the Mobile cultural scene after a short hiatus. Longtime dance maestro Winthrop Corey has been named Artistic Director for Classical Ballet of Mobile. “There was a board meeting on Tuesday night [Dec. 12] and we all got together and discussed it. I liked what they were offering and they liked what they think I have to offer them,” Corey told Artifice. Board President Connie Catranis said the vote was unanimous. She declined to discuss contractual details. “We’re very thrilled to have him and very excited about it. The students are beside themselves, as are we,” Catranis said. A former principal dancer with the Royal Winnipeg Ballet and National Ballet of Canada, Corey served as artistic director for Mobile Ballet for three decades before stepping down immediately following its December 2016 rendition of “The Nutcracker.” The following hiatus was an obligation. “I was under a severance package from Mobile Ballet. It was for one year and I had agreed not to teach or do most anything with ballet for that period. That one year is now up,” Corey said. He’s already taught one class for the new school, with
The Alabama State Council on the Arts awarded 137 grants totaling $504,245 at its Dec. 10 meeting in Montgomery. A coterie of Mobilians are among the recipients. • The Gulf Coast Ethnic and Heritage Jazz Festival received $5,000. • The History Museum of Mobile board received $1,200 for an African-American music festival. • Mobile Association for Retarded Citizens received $3,250 for art education. • Mobile Medical Museum received $2,000 for commissioned works by April Livingston. • Mobile Museum of Art received $6,500 for the exhibit “Posing Beauty in African-American Culture.” • Charlie Tran of Irvington received $2,000 for a traditional Lion Dance apprenticeship. This round of grants supports arts in education, folk art, community, literature, performing and visual arts programs
from Jan. 1 through Sept. 30. Also included are 17 folklife apprenticeship grants. The next deadline for the submission of grant applications is March 1 for fellowships and Art and Cultural Facilities Grants, covering activities taking place between Oct. 1, 2018, and Sept. 30, 2019.
Statewide call for art entries
The Alabama Women’s Caucus for Art is seeking entries from across the state for its juried exhibition of works involving paper. The exhibition will be held at the University of Alabama in Huntsville’s Salmon Gallery (301 Sparkman Drive), Feb. 4 through March 4. Cash prizes will be awarded and ALWCA will produce a full-color catalog. The juror is Abigail Yoder, Ph.D., a research assistant at the St. Louis Art Museum focusing on modern and contemporary art and works on paper. The show is open to all women artists 18 and older. Individual artists may submit up to three works.
22 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
ALWCA members may submit one to three images per entry for $25; nonmembers may submit up to three images per entry for $30. Entries must be original works on or made of paper — no giclées of original work or digital photographs — and no larger than 56 inches in any direction. All submissions must be made by Jan. 2 at 10 p.m. To enter, go to alwca.org. All images must be 300 dpi. Provide a short biography/artist statement, no longer than 350 words. It should have the artist’s name and the title of the work. Sale of art is optional, and a 40 percent commission will go to ALWCA for any artworks sold. Works that are sold must remain in the gallery for the duration of the exhibition. ALWCA will process the sale and provide the artist with the 60 percent balance once the sale is final and the work has been delivered to the purchaser. Artwork is to be delivered between Jan. 29 and Feb. 2. Use of a FedEx return label is recommended if artists are unable to deliver their artwork in person.
ARTSGALLERY
State council awards grants
another coming this week. More will be added soon. “We’ll figure out the schedule come beginning of January, after the New Year. I have to familiarize myself with the students and see what level I can serve best. They’re pretty much giving me an open ticket to do what I want and how I’m most comfortable, so I really do appreciate that,” Corey said. Corey estimated around 90 students are enrolled. It’s encouraging. “Yeah, for having been open such a short period of time. I’m very optimistic about that,” Corey said. “We opened the doors in September. We’d hoped [to get Corey] but had to get open and get moving forward before we could even contemplate that,” Catranis said. The new cultural institution recently achieved verified nonprofit status. The board president described the 14 directors on the board as busy. “This has been a huge effort to get it all put together and everything has fallen into place unbelievably. Everyone working together has just really and truly — we keep saying this is bigger than we are, and this has been an amazing project,” Catranis said. During his time in Mobile, Corey has choreographed numerous full-length ballets. His original productions in-
cluded “Dracula” and “A Streetcar Named Desire,” for which he was awarded a dance fellowship by the Alabama State Council on the Arts. He is excited by the new facility near Langan Park. “It’s beautiful. Three studios, a lovely waiting room, all the floors are sprung and they have the Marley surface, of course. It’s a magnificent facility,” Corey effused. The description reflects sizable investment. “Our board has been tremendously supportive but we did some fundraising. We had an event not long ago that was ‘Ballet at the Bar’ at Old Shell Growlers, who sponsored for us. We do have a lot of support and a huge following,” Catranis said. By the president’s account, the board hasn’t divided duties into specifics thus far. She said efforts are widely collaborative, and that positive attitude has spread. “[The studio] is where I’m most comfortable and I’m thrilled. I like the board of directors very much. They’re very supportive and we all seem to want the same thing, which is excellence in ballet in this town, so we’re striving for that,” Corey said. The announcement closes what has been a fractious year for ballet in the Azalea City. Corey’s departure from Mobile Ballet led to unfortunate acrimony between supporters and directors. It culminated in legal action. Circuit Judge Jay York dismissed lawsuits filed by a group of former and current Mobile Ballet directors. Plaintiffs’ counsel filed petition for permission to file an interlocutory appeal, but, for now, the earlier rancor has calmed. Everyone seems ready to move forward from the fracas. Mobile Ballet staged a unique autumn event featuring a high-profile alum, its traditional “Nutcracker” and has spring performances on tap. As for Classical Ballet of Mobile, a performance schedule has yet to clarify. “We’re talking about things. We’re planning things,” Catranis said. Corey’s gratitude and excitement over his return to the barre is palpable. “I did 30 years [at Mobile Ballet] and tried to develop something that was good for the community and I hope I did that and I hope I’m going to be able to continue to do that. I’m very optimistic,” the artistic director said.
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 23
COVER STORY
Local Christmas tree farms continue to court customers DALE LIESCH/REPORTER
S
teven Mannhard was stretched pretty thin. Between teaching English and working as a captain in the Army Reserve, he decided to open a Christmas tree farm in Baldwin County. With no machinery and 7,000 seedlings, Mannhard got to work on land he rented in Summerdale for $50. It became the Fish River Christmas Tree Farm. “We had no earthly idea the work that was involved in those 7,000 seedlings and the next 7,000,” he said. “We just thought we’d grow these trees. We had no idea what we were doing.” The amount of work caught up with the Foley High School English teacher when a colonel in the reserve caught him grading papers at the facility. “So, eventually, because of the amount of work involved in it, something had to go,” he said. “Then when you’re working two and a half jobs you’re not doing a good enough job at any of them … I always miss the teaching.”
Tree farms
“It seems to be a good year for farms,” Gilbert said. Some farms in Alabama operate other amenities during the offseason, such as hayrides or pumpkin patches to keep customers engaged even when they’re not buying trees. Such is the case for Gilbert’s farm in Lanett. “Some tree farms have something else for customers,” he said. “The customer wants to be entertained. That’s the reason pumpkin patches do so well.” A high demand for trees such as Douglas or Fraser firs, which don’t grow this far South, has also hurt the market. A customer at Mannhard’s farm asked specifically about a Douglas fir after pulling up. That’s why both Gilbert and Mannhard have pre-cut fir trees for sale in addition to “choose and cut” trees. “Any business that has any sense is going to provide them what they want instead of sending them to Home Depot,” Mannhard said. “So, we have to ship in a lot of trees.”
It’s strange to have a job with two very distinct operations, Mannhard said. Most of the time it’s simply a farm, but from November until the end of December it’s a customer service job. “To me the most unique part of the Christmas tree business is that it’s farming for eleven months,” Mannhard said. “In November and December, you suddenly have to make this major flip from a wholesale farming operation to a retail outlet.” In the last two months of the year, Mannhard said he hires up to 25 seasonal employees before getting back to the farming aspect. It’s a nice change of pace,” he said. “I like it. Once we’re finished I like going back to the peace and quiet of farming.” The Baldwin County farm and Lanett farm each grow several varieties of cypress trees, trimmed to look like more traditional Christmas trees. Mannhard said there is a mix of Leyland, Carolina Sapphire and Murray cypress trees. Much of the trimming of the farm’s roughly 20,000 trees is still done by hand, Mannhard said. “They take a lot of hand work, which is the most unique part of this work, as opposed to the cotton or the guy planting corn and so forth,” he said. “It’s very hands-on, because each tree has to be hand trimmed even
THE BALDWIN COUNTY FARM AND LANETT FARM EACH GROW SEVERAL VARIETIES OF CYPRESS TREES, TRIMMED TO LOOK LIKE MORE TRADITIONAL CHRISTMAS TREES.
Mannhard has managed to grow the successful business at the “choose and cut” farm — now in its 37th year — despite others’ past failures. “There are very few in the state,” he said. “We used to have hundreds; now we’re down to 10, maybe 15 really serious growers. There used to be 30 in Baldwin County at one time and another 30 in Mobile County.” One issue with the decline in tree farming is the seemingly surprising amount of work that goes into a product almost entirely consumed within a month or so. For instance, in the South, tree farming is a year-round job, Mannhard said. Up north, he said, there’s a little bit of a lull between January and April. “Here, already by February and March, everything starts growing already,” Mannhard said. “So you’re dealing with all these issues with herbicide and pesticides even by March. By April you’re mowing and trimming and everything.” The high number of farms decades ago also hurt demand for live trees, said Ray Gilbert, president of the Southern Christmas Tree Association. The higher demand now has been a good thing for the farms that are still open.
Procedure
24 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
if you’re using a bit of a machine; you’re still operating it by hand. That hands-on can be as many as three, four, five touches per year times 20,000.” Once planted, the trees grow for two to three years before they are cut down by families and made into Christmas trees. The farm sells about 5,000 trees per year to a mostly local customer base. “We have some people who travel long distances, even [from] Louisiana, but they’re unique,” Mannhard said. “It’s mostly Pensacola, Mobile and mainly Baldwin County. We’re getting more and more customers from Pensacola and Mobile, which is a really good thing.” Mannhard said he also does solid business from containerized Christmas trees customers can plant after the holiday. Mannhard had the idea to sell the potted trees after a number of customers asked if they could dig up the trees on the farm instead of cutting them down. “I realized there was a market down here for evergreens to be planted, because there are not too many that grow here naturally,” he said. “It took five or so years to get on a system of growing them because it was kind of complicated in a lot of ways. Now we have it down pretty well and the repeat business for containerized trees is pretty good …” Customers who purchase a potted tree usually buy one the next year, once they’ve had success growing one on their own, Mannhard said. It takes two to three years for trees planted at the farm to mature to the point they can be cut down and sold, Mannhard said. This is especially true of the containerized trees. “The first year they’re a baby, and then we put them in these fifteengallon containers and grow them a couple of years in there,” Mannhard said. They’re very fast growing because we kind of push them. They are getting the exact water they need and fertilizer they need and they’re not having to withstand some of the other environmental issues.” Trees on the farm can reach 14, 15 or even 16 feet tall, Mannhard said, but those are almost impossible to sell. “We do sell a lot of trees in the nine and ten, eleven-foot range. Ten is a pretty popular range for people’s homes now because they have the elevated ceilings,” he said. Smaller trees, such as the 7- and 8-foot varieties, are also very popular. But the demand for these smaller trees can cause an issue. “So much so we have a hard time with certain species keeping enough of them because they cut down all the sevens and eights and then you don’t have the nines, tens or elevens the following years,” Mannhard said. Gauging the amount of demand is very important because too many trees can cause problems in future years, he said. It’s hard to know exactly how many of each species because if you plant too many, like if you plant 500 too many then you might end up with 500 of these monster trees we just talked about,” Mannhard said. “There’s no market for them. So, it’s kind of a guessing game, to some extent, where the market goes for different species.”
Real trees vs. artificial trees
A sign outside the main sales building at Mannhard’s farm details several of the ways a real tree could be considered better than a manufactured tree. For one, a real tree is almost always a product of the United States or Canada, while an artificial tree is made in a factory elsewhere. Real trees are lead free and recyclable, while the others are not. Michael Buchart, executive secretary of the Southern Christmas Tree Association, said the main reason a real tree is better than a fake tree is the experience. “We’re providing a form of entertainment,” he said. “When you go to a farm and purchase a tree, you’ll spend a couple of hours. A lot of people have fun picking out a tree.”
COVER STORY
Photo | Lagniappe
Fish River Trees in Baldwin County allows customers to choose, cut and haul their own Leyland cypress tree. Mannhard said it can become a great family activity. “I think these kinds of things are more and more important,” he said. “I see when they come how much fun the children have here and how important that family bonding is for doing activities like this.” Purchasing real trees helps the farming economy. It’s also one of the few times customers can witness a real, working farm, Buchart said. There is also Mannhard’s sense that bringing a real tree into the home evokes a sense in each of us that is hard to pin down. He said it goes back generations to pagan traditions from which Christians later borrowed. “Somewhere in there — somewhere going back centuries is this desire in the middle of winter to gather from the country greens to bring inside to celebrate new life, and it’s hard to put a handle on that … ,” Mannhard said. “So, at the winter solstice they brought these things in, the Celts and the Germans and so forth. Then Christianity grabbed that tradition and that whole aspect of looking for new life in the spring connected with the birth of Jesus.”
Proper tree care
It’s important that the needles of a Christmas tree retain as much moisture as possible. Mannhard suggested carefully monitoring the temperature of the environment you’re bringing the tree into. “When they take these trees from 50-de-
gree days and put it in a 75-degree house, automatically the moisture is going to go out those needles,” he said. “So, the cooler the tree is kept inside the house. … That’s why we always talk about no fireplaces, no heating vent, because the heating vents are like hair dryers blowing across the needles and it just takes the moistures right out of those pores.” A trend has also been to add sugar to water to help a tree while it’s in a stand during Christmas. However, Mannhard said there is no need to add anything to the water in a Christmas tree stand. “Almost all the research that universities have done show that water is it,” he said. “So, all the aspirins, all the Sprites and all of this stuff, the actual scientific research shows none of it does anything.” There is also a key to the watering that if not done correctly can hurt the tree and keep it from lasting as long as it needs to. “The key to the watering — and it’s difficult because the key to it, especially on the trees we grow — not the fir trees as much — is that that first day or two is so important,” Mannhard said. “They need to have a fresh cut, so the wood is nice and fresh on the bottom before they put it in the stand, and then they can’t let the water go below the bottom of the stand. That’s the No. 1 mistake because often the tree will drink a half a gallon to a gallon right in the first day and the water level goes below the bottom, the bottom then hardens off and then the tree doesn’t take anymore water.”
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 25
B
ells Into Machines, a band with Azalea City connections and an all-star lineup from both sides of the mixing console, hopes to satisfy industrial metal fans’ hunger for new material. Forged in hellfire and technology, Bells Into Machines is celebrating the release of its debut effort, “Your Crime Scene.” This album pulls inspiration from industrial metal’s glory days and infuses it with a fresh breath of impeccable modern production elements. Considering the band’s lineup, Bells Into Machines couldn’t help but create an industrial metal masterpiece such as this. Mobile-based engineer/ producer Brian Diemar, Grammy-winning producer/ engineer Toby Wright (Metallica, Korn, Primus) and remix master Lee Popa (White Zombie, KMFDM) stepped from behind the mixing board to join iconic industrial musicians Paul Barker (Ministry, Puscifer) and Chris Connelly (Ministry, Pigface) in the studio for this album. Lagniappe sat down with Diemar and Wright to discuss the band and the intricate process of creating this debut. STEPHEN CENTANNI: Where did the name Bells Into Machines come from? BRIAN DIEMAR: Chris came up with that. It relates to the fact that Stalin had all the church bells removed and melted down for ammunition and machinery in the Soviet Union. CENTANNI: How did the core members of the group come together? TOBY WRIGHT: Well, Brian and I have been friends since the ‘90s. We both lived in L.A. and got to be good friends there. When we moved to our respective homes now, we kept in touch and decided we were both bored with modern music, and decided
to pass tracks back and forth to each other. Then, Brian reached out to Paul to play some bass, and Lee also got involved at that point. Then, when we needed vocals, Brian and Paul called upon Chris to lend us a hand. DIEMAR: We all respected each other as musicians as well, and decided to have fun and try to do some cool music together. I don’t use the word “genius” often, but I happen to be in a band with geniuses! Paul is a musical genius and responsible for most of the Ministry sound and music. Chris is a lyrical genius, and has an amazing set of pipes with a serious knack for melody. Lee has an amazing ear. He’s a killer guitar player and is probably one of the best, if not the best, live sound guy ever. Toby is one of the best producers in the business. He has an ear like no other and has produced and/or mixed some of the best records and artists. I am not a Korn fan, but “Follow the Leader” is their best-sounding record, in my honest opinion, because of Toby. CENTANNI: You claim both Nashville and Mobile. Why? DIEMAR: Toby moved to Nashville from L.A., and I moved here. We work out of both places. I really want to showcase Mobile as an amazing place for music. WRIGHT: I guess we could also claim Portland (Oregon) and Chicago. I live in Nashville, Brian in Mobile, Paul and Lee in Portland and Chris in Chicago. Maybe we should just say we are from the USA. CENTANNI: With all of you living in different places, how did you lay down tracks for this album? WRIGHT: The songs and tracks were just passed around. Someone would start a basic track, then send to another to feel out and add their flavor, and then on
26 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
MUSIC
BY STEPHEN CENTANNI/MUSIC EDITOR/SCENTANNI@LAGNIAPPEMOBILE.COM
FEATURE
Bells Into Machines’ industrial metal debut
to the next and so on. It was very interesting, because I would always get them last. I’d confer with the others about the arrangement. Then, after everyone put their magic on it, I would sit down and figure out all the parts and how they went together and then mix them. CENTANNI: What’s it been like getting from behind the console and working on the performance side of things? WRIGHT: It’s been awesome! I always love to play, and any time I can, I do. The interesting thing about playing instead of producing is that I seem to relate better to my artists when I go back to producing, meaning I can understand the pressure to perform when the red light is on. Essentially, it makes me respect the player even more. DIEMAR: I have been stuck in a studio producing and doing music for film and TV, for many, many years. I miss playing out, and I miss playing with my mates. I have a renewed itch to go out and perform again. Hopefully we will do some festivals and one-offs this coming year. CENTANNI: What was the biggest challenge of creating this album? DIEMAR: The biggest challenge was trying to figure out the best way to release our material. The business has changed so much. We used to rely on a label for everything. Now it is DIY. We are fortunate enough to have a great friend named Daniel Heerdmann. He is putting our stuff out on our FFF Entertainment through his own 2808-MGMT and Rough Trade. He’s a great guy and amazingly forward thinking in today’s music marketplace. CENTANNI: Since the beginning, true industrial has remained in the underground and maintained a very dedicated cult following that is still growing. What do you think it is? DIEMAR: It has always been a very close-knit and loyal group of people. When they love something, they stick with it throughout the years. It is not a phase they grow out of. WRIGHT: I think that any harder-edge music that isn’t mainstream is rebellion! We all have the rebel within. CENTANNI: What’s your favorite song on the album and why? DIEMAR: I like “Your Crime Scene — My Career” and the “Blood on the Bayou” mix of it. I am a huge Delta blues fan and play it on guitar, at home, almost every night. I wanted to fuse Delta blues with what we do. I also really like “Missions.” It is far from what some would expect from us, but it still fits. It is very melodic and Chris’ vocal and lyrics are fantastic. Our friend Kevin Post from Blake Shelton’s band plays slide and banjo on it. WRIGHT: My fave has got to be “Sweet Life.” I just love the dynamics and the trip the song takes you on. CENTANNI: When can we expect a Mobile show? DIEMAR: I would love to play here at some point. Not sure where we would play. CENTANNI: What’s the next step for Bells? WRIGHT: Make more music. The full record, with new tracks and remixes, will be out in March. Then, hopefully, we’ll get a few shows in, then, of course, make more music.
AREAMUSIC LISTINGS | December 20 - December 26
WED. DEC 20
Beau Rivage— Christmas on Ice, 3p, 7p Blind Mule— Comedy Open Mic Bluegill— Matt Neese Blues Tavern— Art, 8p Callaghan’s— Phil and Foster w/Eric Erdman Felix’s— Matt Bush Duo Flora Bama— Neil Dover, 4p// Davis Nix, 7p/// Rhonda Hart Duo, 8p Listening Room— Hannah McFarland Lulu’s— Broken Down Car, 5p Manci’s— Susto Saenger— Home Free
THUR. DEC 21
Beau Rivage— Christmas on Ice, 3p, 7p Bluegill— Brandon White Blues Tavern— John Fleming Duo, 8:30p California Dreaming— Adam Holt, 7p Callaghan’s— Susto with Great Peacock Fairhope Brewing— Bluegrass Jam Felix’s— Soulshine Duo Flora Bama— Gove Scrivenor and J Hawkins, 1p// Dueling Pianos, 4:30p/// Mark Sherrill, Chris Newbury, James Daniel, 5p//// Davis Nix, 9p//// Bruce Smelley Duo, 9:15p Le Bouchon— Mary Alice, 6:45p Listening Room— LA Armour Christmas Concert Lulu’s— Derrick Dorsey, 5p McSharry’s— Rondale & the Kit Katz, 7p SanBar— Jerry Anderson Top of the Bay— Gypsy Pearl
FRI. DEC 22
All Sports Bar & Billiards— DJ Markie Mark, 10p Beau Rivage— Christmas on Ice, 3p, 7p Big Beach Brewing— Squirrel Mullet, 6:30p Bluegill— David Chastang Blues Tavern— Doobious, 9p Callaghan’s— The Mulligan Brothers El Camino— The Leavin Bros Felix’s— Grits N Pieces Flora Bama— Lea Anne Creswell and Darrel Roberts, 2p// Big Earl Show, 5:30p/// Davis Nix Duo, 6p//// Kyle Wilson Band, 10p//// Mario Mena Duo, 10:15p IP Casino— Brenda Lee, 8p Le Bouchon— Jeri, 7p Listening Room— Jamell Richardson Lulu’s— Broken Down Car, 5p Main Street Cigar Lounge— Robbie Sellers & Emily Stuckey, 8p McSharry’s— DJ Chi, 10p Moe’s BBQ (Daphne) — Harrison McInnis Quartet, 8p Moe’s BBQ (Foley) — Jason Justice Moe’s BBQ (Mobile) — The Ayer Brothers, 6:30p
Moe’s BBQ (Semmes) — The Dunaway Brothers SanBar— David Jones Holiday Jazz Soul Kitchen— Muscadine Bloodline, Mike Ryan, 9p
SAT. DEC 23
Alchemy— Glass War and Diamond Needle, 9p Beau Rivage— Christmas on Ice, 3p, 7p Big Beach Brewing— Davo, 6:30p Blind Mule— Beyond My Control, Curse the Flesh, D.R.E.A.D, 9p Bluegill— Quintin Berry, 12p// Jeff Johnson, 6p Blues Tavern— Ric McNaughton Band, 9p Callaghan’s— Rebecca Barry Trio El Camino— David Shivers Jr Felix’s— David Chastang Duo Flora Bama— Rebecca Barry and Bust, 1p// J. Hawkins Duo, 2p/// The Big Earl Show, 5:30p//// Johnny B Trio, 6p//// Kyle Wilson Band, 10p//// Jo Jo Pres, 10:15p Listening Room— Shawn Williams Lulu’s— Adam Holt Duo, 5p McSharry’s— DJ Shadow, 10p The Merry Widow— Christmas Band, 9p Moe’s BBQ (Mobile) — Jimmy Lee Hannaford and Jose Santiago, 6:30p Moe’s BBQ (Semmes) — The Ayer Brothers, 6:30p SanBar— Jim Andrews Soul Kitchen— 21 Savage, 9p Top of the Bay— The Redfield
SUN. DEC 24
Beau Rivage— Christmas on Ice, 3p, 7p Big Beach Brewing— Jim Burt, 3p Bluegill— Sergio Rangel, 12// David Chastang Duo, 6p Blues Tavern— John Hall Jam, 6p Felix’s— Matt Bush Flora Bama— Jason Justice, 12:30p// Perdido Brothers, 4p/// Tony Ray Thompson, 7p//// Smoky Otis Duo, 8:30p McSharry’s— Trad Irish Music, 6:30p
MON. DEC 25
Beau Rivage— Christmas on Ice, 3p, 7p Flora Bama— Donnie Mathis, 1p// Cathy Pace, 4p/// Petty and Pace, 8p
TUE. DEC 26
Bluegill— Brent Loper Butch Cassidy’s— Jerry Powell Felix’s— Josh Turlington Flora Bama— Ricky Whaley Duo, 4p// Johnny B Duo, 8p/// Tony Ray Thompson, 8p Live Bait— Brandon Styles, 7p Lulu’s— Brent Burns, 5p Moe’s BBQ (Mobile) — Bob Erickson, 6p Old 27 Grill— Elise Taylor, 6:30p
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 27
MUSIC BRIEFS
Christmas with a cause
BY STEPHEN CENTANNI/MUSIC EDITOR/SCENTANNI@LAGNIAPPEMOBILE.COM
Band: A Very Mully Christmas! Date: Friday, Dec. 22, 7 p.m. Venue: Callaghan’s Irish Social Club, 916 Charleston St., www.callaghansirishsocialclub.com Tickets: $15 at the door
Photo | Facebook | The Mulligan Brothers
W
ith the spirirt of the yuletide season in mind, The Mulligan Brothers have a special gift for both their local fans and a group of deserving children. “A Very Mully Christmas!” will be a philanthropic event with all proceeds going to St. Mary’s Home, which serves as a “residential treatment facility for children in Alabama.” The Mulligan Brothers hope the monetary gift from this event will make Christmas brighter for these children. It isn’t the first time this modern Americana quartet has used its music to help St. Mary’s Home. In 2015, the sales of the group’s holiday single “A Christmas Song” helped support this charity. In addition to their set, The Mulligan Brothers have recruited another local artist to spread holiday joy through music, singer-songwriter Eric Erdman, who will add his catalog of smooth Mobileinspired sounds to this festive evening. Considering Erdman’s steady stream of original material, the crowd might even hear a new song or two.
Home for the holidays
Band: Muscadine Bloodline, Mike Ryan Date: Friday, Dec. 22, with doors at 8 p.m. Venue: Soul Kitchen, 219 Dauphin St., www.soulkitchenmobile.com Tickets: $12 in advance /$15 day of show; available at venue, its website, Mellow Mushroom locations or by calling 1-866-777-8932 For some, Christmastime provides a great excuse to travel home for the holidays. One Azalea City duo is doing just that, and bringing a guest with them. Comprising Charlie Muncaster and Gary Stanton, Muscadine Bloodline will be returning to Soul Kitchen for an evening of homegrown modern country. Muncaster and Stanton have spent the past year spreading their acoustic-driven, harmonic modern country across the nation. Muscadine Bloodline’s self-titled EP and heavy touring schedule have continued to add new fans to their following. The crowds have devoured earnest ballads such as “Porch Swing Angel” and edgy anthems such as “Shut Your Mouth.” If this duo continues their momentum, 2018 should be a great year. Muscadine Bloodline’s holiday guest, Mike Ryan, will open. The Lone Star State country artist will be filling his set with cuts from four albums, including his latest, “Blink You’ll Miss It.” Ryan is a backroads troubadour with a catalog filled with vivid life snapshots translated into song. With his new album in hand, Ryan has been using his time on the road to visit old fans and make new ones. His heartfelt live delivery should be a hit with local fans of modern country.
Merry metal Christmas
Band: Metal Christmas Eve-Eve Date: Saturday, Dec. 23, 8 p.m. Venue: The Blind Mule, 57 N. Claiborne St., www.theblindmule.net Tickets: $5 (21+)/$10 (18+), available at the door
Before leaving the cookies and milk out for Santa, DeltaSwamp Productions invites the public to come celebrate the night before Christmas Eve with a metallic collection of Azalea City bands. D.R.E.A.D. will be dealing out an onslaught of Southern-fried metal. One of the most prolific and long-running metal bands in the local scene, D.R.E.A.D. will be performing songs from its latest effort, “Test of Time.” The band’s artistic growth can be witnessed in the album’s title track as well as “Aim to Please” and “Bring the Rain.” This trio of songs thrive through arrangements that are both musically and emotionally versatile. Curse the Flesh will provide a black Christmas filled with its trademark metal fury. Considering the band’s 2016 release “Black Majesty,” Curse the Flesh will pummel the crowd with rapid-fire metal blasts and epic black metal grandeur. This lineup will also feature newcomers to the local metal scene, Beyond My Control.
28 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 29
‘Brigsby Bear’ is a sweet and moving film
I
FILMTHE REEL WORLD
BY ASIA FREY/FILM CRITIC/AFREY@LAGNIAPPEMOBILE.COM
AREA THEATERS CARMIKE CINEMA’S Wynnsong 16 785 Schillinger Rd. S. (251) 639-7373 CRESCENT THEATER 208 Dauphin Street (251) 438-2005 HOLLYWOOD STADIUM 18 1250 Satchel Paige Dr. (251) 473-9655
n the second-most anticipated Mark Hamill film released this year, “Brigsby Bear” is a tenderhearted comedy about the power of creativity and culture, even if it’s “just” pop culture. This is something I suspect Hamill might know a thing or two about. Kyle Mooney of “Saturday Night Live” stars as James Pope, a young man who, like many young men, is very obsessed with a fictional character from his youth but who, like almost no other young men, grew up in an underground bunker raised by some very dedicated people who were also not his real parents. The movie begins with an extended sequence from the television show “Brigsby Bear Adventures,” which has a big costumed bear character fighting a mustachioed evil Sun and awkwardly fitting in facts about math, hygiene and some more sinister sentiments, such as “Curiosity is an unnatural emotion.” James sits in his bedroom and watches, rapt. He looks like any other guy who is ironically obsessed with some analog artifacts from his youth; he has weird hair, glasses and a ringer T-shirt, but you can get all that stuff at Urban Outfitters. James is called to dinner, where he shakes hands with people we assume are
his parents. They seem well-meaning, but their eyes gleam with the intensity of zealots, and they all seem to share a passion for “Brigsby Bear.” When father and son head upstairs for “fresh air,” we realize they are living in an underground bunker, without any human contact — until, suddenly, human contact arrives in the form of the FBI to rescue James, who did not realize he needed to be rescued. From this quirky situation, a sincerely sweet story emerges. James is plunged back into life with his real parents, who are overjoyed and overwhelmed to be reunited with their son after 25 years. Moving on isn’t so easy for James, who was brainwashed to be dependent and isolated, and he yearns for the next “Brigsby” adventure to be delivered. Greg Kinnear co-stars as just one of a series of pleasantly supportive people James meets; his role in James’ life is one of the film’s many highlights. James becomes determined to create a “Brigsby” film to finish the saga, an arguably unsubtle metaphor for his personal growth, but one that is so tenderly executed you can’t help but love it. With the help of his much younger sister and her friends, James embarks on a quest to bring the only story he has ever known to
a satisfying conclusion, while his parents and therapist demand that he move on. His real parents are a vital ingredient to this film’s success because, while the viewer cheers when people help James pursue his “Brigsby” obsession, his parents are also not wrong when they point out that “Brigsby” was a tool kidnappers used to control the son who was snatched from them as an infant. It’s pretty hard to argue with this logic, but I found myself yearning for James to reconnect with the felon who raised him — not the least because this person was played, of course, by Mark Hamill, a man whose psychological impact on so many people’s own childhoods falls just shy of kidnapping us and showing us only “Star Wars” until we were 25. While the premise might sound impossibly quirky or fatuous, “Brigsby Bear” really pulls off a very moving and sweet film, a love letter to fandom and friendship and art that even honors a very troubled family dynamic in a touching way. It lacks Christmas music, but it is heart-warming enough for the holidays, and will pair nicely with the other Hamill-created universe to close out this year. “Brigsby Bear” is currently available to rent.
RAVE MOTION PICTURE JUBILEE SQUARE 12 6898 U.S. 90 Daphne, (251) 626- 6266 CARMIKE CINEMAS 23151 Wharf Ln. Orange Beach (251) 981-4444 Photos | Sony Pictures Classics / Paramount Pictures
COBB THEATRES PINNACLE 14 3780 Gulf Shores Pkwy Gulf Shores (251) 968-7444 EASTERN SHORE PREMIERE CINEMA 14 30500 Alabama 181 #500 Spanish Fort, Al (251) 626-0352 Information accurate at press time; please call theaters for showtimes.
FROM LEFT: “Brigsby Bear Adventures” is a children’s TV show produced for an audience of one: James (Kyle Mooney). When the show abruptly ends, James’ life changes forever, and he sets out to finish the story himself. “Downsizing” is a social satire in which a guy (Matt Damon) realizes he would have a better life if he were to shrink himself. NEW IN THEATERS DOWNSIZING
A couple join a community of miniaturized people after undergoing a process to shrink themselves. Starring Matt Damon and Kristen Wiig; directed by Alexander Payne. All listed multiplex theaters.
JUMANJI: WELCOME TO THE JUNGLE
A so-so family film from the great Robin Williams is updated starring The Rock. All listed multiplex theaters.
FATHER FIGURES
Kyle and Peter are brothers who believe their father died when they were young. When 30 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
they discover this to be a lie, they set out to find him. All listed multiplex theaters.
NOW PLAYING
FERDINAND All listed multiplex theaters. THE GREATEST SHOW- STAR WARS: THE LAST JEDI MAN All listed multiplex theaters. Inspired by the imagination of P.T. Barnum, “The I, TONYA Nexus Cinema Dining Greatest Showman” is JUST GETTING an original musical that STARTED celebrates the birth of All listed multiplex theaters. show business and tells LADY BIRD of a visionary who rose Crescent Theater, AMC Mofrom nothing to create a bile 16, AMC Jubilee Square spectacle that became 12, AMC Classic Wharf 15 a worldwide sensation. THREE BILLBOARDS Crescent Theater, all OUTSIDE EBBING, MISlisted multiplex theaters. SOURI AMC Mobile 16, Regal Mobile Stadium 18 PITCH PERFECT 3 THE DISASTER ARTIST The humorous advenAMC Mobile 16 tures of an a capella ROMAN J. ISRAEL, group continue into adulthood. All listed mul- ESQ. All listed multiplex theaters. tiplex theaters.
COCO All listed multiplex theaters. JUSTICE LEAGUE All listed multiplex theaters. MURDER ON THE ORIENT EXPRESS All listed multiplex theaters. LBJ AMC Wharf, Cobb Pinnacle 14 DADDY’S HOME 2 All listed multiplex theaters. THOR: RAGNAROK All listed multiplex theaters. A BAD MOM’S CHRISTMAS All listed multiplex theaters VICTORIA AND ABDUL Cobb Pinnacle 14 LET THERE BE LIGHT AMC Mobile 16 JIGSAW All listed multiplex theaters. THANK YOU FOR YOUR
SERVICE All listed multiplex theaters. GEOSTORM Eastern Shore Premiere Cinema HAPPY DEATH DAY All listed multiplex theaters. THE FOREIGNER All listed multiplex theaters. THE LEGO NINJAGO MOVIE Eastern Shore Premiere Cinema SAME KIND OF DIFFERENT AS ME Regal Mobile Stadium 18 AMERICAN MADE Eastern Shore Premiere Cinema, AMC Classic Wharf 15 IT All listed multiplex theaters. MARSHALL AMC Mobile 16, AMC Jubilee Square 12
STYLE HOROSCOPES A NOT-SO MIRACULOUS CHRISTMAS SAGITTARIUS (11/22-12/21) — Your family will be fractured after a debate about whether Leyland cypress trees are comparable to Douglas firs. Your unrealized Christmas miracle is a shiny new Mercedes just like in the commercials. CAPRICORN (12/22-1/19) — Your Christmas will almost turn tragic as you’re slowly suffocated by discarded gift wrapping and cardboard. Your unrealized Christmas miracle is a simple bar of Toblerone, which I guess you’ll have to buy yourself. AQUARIUS (1/20-2/18) — With the pressures of the #metoo movement, you’ll tell the person you meet under the mistletoe how much you respect them, shake hands and move on. Your unrealized Christmas miracle is perfect weather. PISCES (2/19-3/20) — Anticipating the vast spoils of the Republican tax bill, you’ll max out your credit card this Christmas to treat yourself and others. Your unrealized Christmas miracle is paid-off debt. ARIES (3/21-4/19) — You’ll speak with James Stewart’s accent until you’re either imparted with an important life lesson or someone punches you in the face. Your unrealized Christmas miracle is avoiding “Miracle on 34th Street.” TAURUS (4/20-5/20) — You’ll bashfully admit you thought the only difference between Hasidic and Orthodox Jews was the way they spell “Hanukkah.” Your unrealized Christmas miracle is a life finally free of pets. GEMINI (5/21-6/21) — You’ll contract a simple case of herpes after accepting a double-dog dare to lick an unfrozen flagpole. Your unrealized Christmas miracle is someone else offering to do the dishes. CANCER (6/22-7/22) — When your gift-giving prowess is at risk of being oneupped, you’ll tell someone their other gift is still in the mail. Your unrealized Christmas miracle is a room full of puppies. LEO (7/23-8/22) — You’ll lose custody of your children after accidentally leaving them behind in a mad rush to meet an international flight. Your unrealized Christmas miracle is the resurgence of Macaulay Culkin’s career. VIRGO (8/23-9/22) — In an American twist on Boxing Day, you’ll have guests over for tea and crumpets, then beat the crap out of each other. Your unrealized Christmas miracle is the ability to ice skate. LIBRA (9/23-10/22) — You’ll be cast out of the choir for singing the opening lines of “Christmas Is the Time to Say ‘I Love You.’” Your unrealized Christmas miracle is a two-octave vocal range. SCORPIO (10/23-11/21) — You’ll nearly start another civil war by introducing your Southern family to mulled cider in lieu of traditional eggnog. Your unrealized Christmas miracle is being able to guess what a present is by shaking it. D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 31
CALENDAR OF EVENTS DECEMBER 20, 2017 - DECEMBER 26, 2017
HOLIDAY EVENTS “It’s A Wonderful Life” Director Frank Capra’s classic bittersweet comedy/drama about George Bailey, the eternally-in-debt guiding force of a bank in the typical American small town of Bedford Falls. Saenger Theatre. 11 a.m. Wednesday, Dec. 20. A Country Christmas Home Free is bringing new music, new production, more country and holiday favorites as they come to town in “A Country Christmas Tour.” The five-man band will be at the Saenger Theatre on Wednesday, Dec. 20. 16th Annual Santa Run Annual 2-mile fun run, walk, bike ride, dog walking charity event for USA Children’s & Women’s Hospital. Race begins and ends at 4072 Old Shell Road, Mobile, in front of Carpe Diem. Saturday, Dec. 23, 10 a.m. Visit carpecoffee.com/santarun to register. Christmas Jingle Run Get your jingle on! Join Running Wild in Fairhope (214 Fairhope Ave.) for a free 2-mile family fun run on Saturday, Dec. 23, at 8 a.m. Brunch with the Grinch Straight from Mount Crumpit, the Grinch brings his special blend of mischief, turning your morning meal into an animated adventure at the Fort of Colonial Mobile on Saturday, Dec. 23. Visit colonialmobile.com. Elf Run/Walk Dress like your version of an elf or one of Santa’s helpers and head to Bienville Square on Dec. 24 at 8:30 a.m. for a run/walk. This event is free and open to everyone. Ice Skating at the Fort Join Fort of Colonial Mobile for ice skating through March 4. Your ice skating adventure includes skate rental and admission to the Fort.
GENERAL INTEREST Dauphin Island Boardwalk Talks Boardwalk Talks are held the first and third Wednesday of each month at 11:15 a.m. at the Dauphin Island Sea Lab, 101 Bienville Blvd. Call 251-8612141.
Dollar General Bowl The Dollar General Bowl will be played at Mobile’s Ladd-Peebles Stadium on Saturday, Dec. 23, at 7 p.m. The game, featuring Appalachian State vs. the University of Toledo, will be televised nationally on ESPN. Tickets and info at www. dollargeneralbowl.com. TOPS Take Off Pounds Sensibly meets every Tuesday at 5:30 p.m. at Spanish Fort Presbyterian Church. Call 251625-6888.
Photo | Facebook
“Curious George: Let’s Get Curious!” The insatiable curiosity of Curious George — the little monkey who has captured the imagination and hearts of millions of children and adults for 65 years — comes to life at Gulf Coast Exploreum Science Center through Jan. 7. Visit exploreum.com.
FUNDRAISERS “12 Bartenders of Christmas” Fairhope Brewing Co. is holding its annual “12 Bartenders of Christmas” on Dec. 14, 19, 20 and 21. Members of the community are invited to enjoy beers poured by council members, doctors and more, all for charity. Call 251-279-7517.
“Right on Course” The United States Sports Academy’s American Sport Art Museum and Archives is open free to the public weekdays, 9 a.m. to 4 p.m. One of the newest exhibits is “Right on Course.” Visit www.asama.org.
Van Cliburn’s Piano Steinway Piano Gallery Spanish Fort will offer a glimpse into the life of piano virtuoso Van Cliburn, and display his personal piano, through Feb. 3. For information call 251-9301082.
MUSEUMS
Holiday Ducks Embark on a Jingle Cruise through the streets of downtown and splash twice into the Mobile River on Thursday, Friday and Saturday at Fort Colonial of Mobile. Call 251802-3092.
Group Rides South Alabama and Mississippi Mountain Bike Association invites all levels of cyclists to join them every Tuesday and Thursday at 6 p.m. at USA Bike Trails and Sunday at 9 a.m. at Chickasabogue Park. Email carrie@ rideSAMBA.com.
“Dream Big: Engineering Our World” Narrated by Academy Award winner Jeff Bridges, “Dream Big: Engineering Our World” is a first-of-its-kind film for IMAX that will transform how we think about engineering. Gulf Coast Exploreum Science Center through Jan. 7. Visit exploreum.com.
Toastmasters Toastmasters International meets regularly at six locations in Mobile and Baldwin counties. Visit www. toastmasters.org for more information.
Live at the Museum The Red Clay Strays will perform original music Thursday, Dec. 21, at 7 p.m. at Mobile Museum of Art, 4850 Museum Drive. $10 admission, wine and beer by donation. Call 251-2085200.
“Magic Christmas in Lights” Bellingrath Gardens and Home’s 21st season of “Magic Christmas in Lights” will run 5-9 p.m. nightly through Dec. 31. For details or to order tickets, visit www.bellingrath.org.
“Titanic: Honour & Glory” “Titanic Honour & Glory” runs through April 15 at the History Museum of Mobile. In addition to the exhibition, the museum will be hosting monthly events. Call 251301-0273 or email gavin.snyder@ historymuseumofmobile.com.
“Christmas Nights of Lights” Through Jan. 1, “Christmas Nights of Lights” is at Hank Aaron Stadium, 755 Bolling Brothers Blvd. The show is nightly at dusk until 10 p.m. Admission is $6 per person.
“Posing Beauty in African-American Culture” An exhibition at Mobile Museum of Art explores the understanding of how African and African-American beauty
32| L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
reservations are necessary. MMoA is at 4850 Museum Drive. Call 251-2085200.
SPORTING EVENTS/ACTIVITIES
Midtown Optimist Club Join Midtown Optimist Club every Wednesday at noon for lunch at Azalea City Golf Course. Call 251348-3542.
ARTS
Photo | Facebook
has been represented through a diverse range of media. Through Jan. 21. Visit mobilemuseumofart.com.
“Windows to the Sea” “Windows to the Sea” is the latest permanent exhibit at the Dauphin Island Sea Lab Estuarium. Visit disl. org. “Savage Ancient Seas” “Savage Ancient Seas” will transport GulfQuest guests to a time when the last of the great dinosaurs roamed Earth and swam the seas. Visit www. gulfquest.org. Fairhope’s Founding Learn more about the 1894 founding of Fairhope at the Fairhope Museum of History, 24 N. Section St. The museum is open daily (except Sunday and Monday), 9 a.m. to 5 p.m. Call 251-929-1471. Little Discoveries “Outside the Box,” aimed at children age 6 and under, explores how innovation and creativity can lead to a world of possibilities, starting with a simple cardboard box. Wednesdays at 10 a.m. Call 251-208-6893 or email jholland@exploreum.com. Thursdays at MMoA Every Thursday from 10 a.m. to 9 p.m., the Mobile Museum of Art offers free admission to all visitors. No
Weekly 1K/5K Every Thursday evening at 6 p.m., join Red Beard’s Outfitter and Cortlandt’s Pub in the Spring Hill Village Shopping Center for a 1K or 5K run and walk. No cost to participate. Bingo Join Via! Health, Fitness, Enrichment Center (1717 Dauphin St.) for bingo every Tuesday and Thursday, 1:303:30 p.m. Call 251-478-3311. Bridge Lessons The Mobile Bridge Center offers free bridge lessons each Tuesday at 6 p.m. at 1510 University Blvd. Arrive a few minutes early to register. Call 251666-2147, 10 a.m. to 2 p.m. Fitness and Athletics Classes New fitness classes are offered at Palmer Pillans Middle School. Tai Chi, Candle Lit Yoga, Core Fusion, small-group personal fitness training, basketball for ages 15 and up, basketball for ages 8-14 and sports conditioning for ages 8-17. Call 251-463-7980 or go to communityactivitiesprogram.com. Dance and art classes New dance classes are offered at Palmer Pillans Middle School. Belly dance, pre-ballet and tumbling for ages 6-12, beginner piano for ages 8 and up. Call 251-463-7980 or go to communityactivitiesprogram.com. Pickleball for adults (indoors) Offered at Palmer Pillans Middle School on Saturday, 9 a.m. to noon. Great sport for all ages combines tennis, pingpong and badminton on a court one-fourth the size of a tennis court. Call 251-463-7980 or go to communityactivitiesprogram.com. Ballroom dance Azalea Ballroom Dance Club hosts dances the second and fourth Tuesday of every month, 7-9:30 p.m. at Via! Health, Fitness & Enrichment Center, 1717 Dauphin St. Call 251-623-9183 or visit azaleaballroomdanceclub.com. Ballroom dance The Moonlight Chassé Ballroom Dance Society hosts dances the first and third Monday of every month, 7-9:30 p.m. at Hot Wheels Skating Rink in Daphne. Email cassief13@aol. com.
SPORTS UPON FURTHER REVIEW
Toledo gets another shot at App State in Dollar General Bowl BY J. MARK BRYANT/SPORTS WRITER/SPORTS@LAGNIAPPEMOBILE.COM/TWITTER @GOULAGUY
Rockets preview
While this bowl game is new for App State, the Toledo Rockets are back for their third appearance after having played at Ladd-Peebles Stadium in 2005 and 2015. In the 100th anniversary season of their founding as a football program, the Rockets claimed their 11th conference title by defeating Akron 45-28. Jason Candle has been named the MAC Coach of the Year. “We are very excited to return to Mobile to play in the Dollar General Bowl,” University of Toledo Vice President and Athletic Director Mike O’Brien said. “We would like to thank President Jerry Silverstein, Executive Director Frank Modarelli and the entire Dollar General Bowl selection committee for choosing the University of Toledo to participate in their outstanding bowl. We are looking forward to another terrific bowl experience in the beautiful state of Alabama against a very fine Appalachian State team. I also want to congratulate head coach Jason Candle, his staff and our entire Rocket football team on a memorable MAC Championship season.” Senior quarterback Logan Woodside was named MAC Offensive Player of the Year and the Vern Smith Leadership Award winner. He was 225-of345 passing for 3,451 yards and 24 touchdowns this season. Woodside was one of seven Rockets who earned first-team All-MAC honors, the most first-team honorees in the conference. Sophomore Diontae Johnson earned all-league honors at three positions: wide receiver (firstteam), punt returner (first team) and kickoff returner (second team). Other Rockets on the first team were senior running back Terry Swanson, senior offensive linemen Elijah Nkansah and Brant Weiss, and junior placekicker Jameson Vest. Junior defensive end Olasunkanmi Adeniyi earned secondteam All-MAC honors.
Game notes
Photo | Submitted
Appalachian State linebackers linebackers Eric Boggs and Devan Stringer were named all-SBC.
I
t will be déjà vu all over again when the University of Toledo and Appalachian State University clash this Saturday in the Dollar General Bowl at Ladd-Peebles Stadium. Kickoff is set for 6 p.m. and the game will be televised on ESPN. In 2016, the same teams met in the Camellia Bowl, with the Mountaineers taking 31-28 victory. Four times App State secured a 7-point lead, only to see Toledo force a tie. The outcome was not decided until Michael Rubino kicked a 39-yard field goal with 5:14 left to play. The two powerhouses managed to earn the rematch by winning league titles. App State (7-1 in the league, 8-4 overall) is the co-champion of the Sun Belt Conference with Troy. Toledo (7-1, 11-2) comes in as the Mid-American Conference champion. “We are excited to welcome back Toledo and host Appalachian State for the first time here in Mobile,” Dollar General Bowl President Jerry Silverstein said. “We look forward to treating each team and their fans to a first-class bowl experience.”
Mountaineers preview
This will mark App State’s first bowl trip to Mobile. The team from Boone, North Carolina, clinched a share of a second straight Sun Belt title by defeating LouisianaLafayette 63-14 in the regular season finale. “This is an exciting opportunity for Appalachian State
University,” Director of Athletics Doug Gillin said. “We’re proud of what our student-athletes, coaches and staff have accomplished as co-champions of the Sun Belt Conference, and this is a deserved reward for their hard work and dedication. The Dollar General Bowl is a great bowl game with a rich tradition and an impressive lineup of activities. We have the best fanbase in the Sun Belt, and we look forward to a special experience in Mobile.” App State had a league-leading eight first-team selections on the Sun Belt all-star squad. The Mountaineers’ first-team picks were senior linebacker Eric Boggs, senior defensive lineman Tee Sims, sophomore defensive back Clifton Duck, senior offensive lineman Beau Nunn, senior offensive lineman Colby Gossett, sophomore offensive lineman Victor Johnson, senior receiver Ike Lewis and junior running back Jalin Moore. Gossett, Boggs and Duck repeated as first-team honorees. Senior quarterback Taylor Lamb received second-team recognition along with junior defensive back Tae Hayes. App State’s third-team choices were senior defensive back A.J. Howard, senior linebacker Devan Stringer and senior defensive lineman Caleb Fuller. Junior linebacker Anthony Flory, junior defensive lineman Myquon Stout, sophomore tight end Collin Reed and true freshman receiver Thomas Hennigan represented the Mountaineers on the honorable mention list.
• On Wednesday morning, players from both teams will visit patients at USA Children’s and Women’s Hospital. Also taking place is the Wives Day Out with a tour of Mobile and lunch at Wintzell’s Oyster House for the spouses of the coaches and conference staff. The day will wrap up with App State and Toledo facing off in a friendly bowling competition at the Eastern Shore Lanes. • The main event on Thursday is a luncheon for the bowl teams and their travel parties at the USS Alabama Battleship Memorial Park. Tours of the ship and the military complex will follow. • The USO Mayor’s Luncheon will be at noon Friday at the Mobile Convention Center. Individual tickets for this event are $30, and tables of 10 cost $300. Former Oklahoma head football coach Bob Stoops is the keynote speaker. Also taking part will be Mayor Sandy Stimpson, the participating Dollar General Bowl teams and Champion of Life honorees. • Later on Friday, the Alabama Street Party starts at 5 p.m. in Bienville Square, featuring a disc jockey, Santa Claus, games and activities for all. The Greer’s/This is Alabama Mardi Gras Parade is next at 6:30 p.m., followed by the This is Alabama Pep Rally in Bienville Square. • On game day, the Wind Creek Fanfest — a tailgate experience with games and activities for all football fans — will take place at LaddPeebles Stadium’s East parking lot starting at 3 p.m. For the first time, a free iHeart Media Concert featuring country artist Holli Mosley will be featured. Fans can also purchase a $15 all-you-can-eat ticket at the Piggly Wiggly VIP buffet. • Dollar General Bowl game and event tickets can be purchased online at www.DollarGeneralBowl.com/tickets or by calling the Dollar General Bowl office at 251-635-0011. Tickets to Ladd-Peebles Stadium cost $45 for sideline seats and $15 for general admission. • For the first time, the Dollar General Bowl will adhere to the clear-bag policy that has become common at sporting events. Bags must be clear plastic, vinyl or PVC, and no larger than 12-by-6-by-12 inches. More details can be found on the bowl website.
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 33
THE NEW YORK TIMES CROSSWORD PUZZLE FULL-BODY CAST
BY ERIK AGARD AND LAURA BRAUNSTEIN / EDITED BY WILL SHORTZ ACROSS 1 Take ____ on the wild side 6 Cartoonist Silverstein 10 Before you can say Jack Robinson 18 Academy Award-winning Marisa 19 Hip-hop’s ____ Kweli 21 Crisis connections 22 Boo-boos 23 Brings up 25 “Batman” actress, 1967-68 26 A-list topper 28 Nine-time Pro Bowler John 30 Curriculum ____ 31 “Traffic” actor, 2000 32 Winter Olympics event 34 ____-de-France 35 Sat ____ (GPS, to a Brit) 36 “Super Mario Bros.” actor, 1993 40 Comic-book onomatopoeia 43 Irish form of Mary 46 Figure on a foam finger 47 ____ contendere 48 School that lent its name to a collar 50 Like many laundromats 52 Seat of Penobscot County 54 “Bride of Frankenstein” actress, 1935 56 Traditional Filipino dish marinated in vinegar and soy sauce 59 Turn up 60 Bring into harmony 63 Yves’s evening 64 Like many write-in candidates: Abbr. 65 “Training Day” actor, 2001 71 Old C.I.A. foe 72 Where people get off 74 Growing art form? 75 “A ____ From St. Nicholas” 77 Roadside establishment much seen in the Southwest 80 “Crouching Tiger, Hidden Dragon” actress, 2000 85 Connive 86 Shaman, e.g. 87 When tripled, a “Seinfeld” catchphrase 88 Eastern European capital 89 Simple top 91 Cell exchanges 93 Deteriorate 94 “Crash” actor, 2004 97 Scottish form of John 99 Operate 101 Deliverance person 102 “Frost/Nixon” actor, 2008 106 Kidney-related 109 Dame modifier 110 Bear claws and such 112 What eight actors took on for this puzzle?
115 Written deeply 117 “Mea ____” 118 Daughter of Oedipus 119 Kama ____ 120 Hermione’s Patronus, in the Harry Potter books 121 Lure in Vegas 122 Leader wearing the Great Imperial Crown 123 10 cc’s and others
1967 29 State as fact 33 Mosque tower 36 Primatologist Goodall 37 Crash, with “out” 38 Pond growth 39 Emotional states 40 N, seen from the side 41 Where I-20, I-65 and I-85 all meet 42 Some advanced researchDOWN ers, for short 1 Thing whose size is measured 44 Particle named by Faraday in picometers 45 Most caloric 2 Floored 49 Catch 3 Pal 51 Face-to-face challenges 4 Country singer Womack 52 Pot holder 5 What might show partici53 1947, for Jackie Robinson pants going neck and neck? 55 Stripling 6 Cop 56 Depress 7 Le ____ (French port) 57 Ruckus 8 “Mr. Blue Sky” band, for short 58 Sphere 9 This way 61 J.F.K.’s former ____ 10 “Gotcha” Terminal 11 Word implied on Opposite 62 “Je ____” (French words Day of affection) 12 Ultimate degree 64 Suffix with novel or Nobel 13 Name of five Norwegian 66 Standout hoopsters kings 67 City planners’ designation 14 Word with torch or bar 68 Undoing 15 Ab ____ (from the 69 Leaves a lot on the table? beginning) 70 Nothing 16 Genre for Black Sabbath 73 Chocolate-coated snack stick 17 Lauder of cosmetics 76 Like some winks 20 Hotel attendant 78 Branch of Islam 24 Proust protagonist 79 Any of the Ninja Turtles 27 L.G.B.T. magazine since 81 “Must’ve been something
____” 82 The Browns, on a scoreboard 83 Bad spell 84 See 102-Down 86 Vertical landing spots 89 Program saver 90 Like SEALs 92 Cured and dried fish 94 Have as a tenant 95 “Dear Evan ____,” Best Musical of 2017 96 Like florists’ flowers that are already in vases 98 Best-selling Japanese manga series 99 ____ Outfitters (retailer) 100 Where Javert drowned in “Les Misérables” 102 With 84-Down, bit of black attire 103 Real-time tool for meteorologists 104 Isn’t level 105 Where one might raise a flap about a reservation? 107 So quiet you can hear ____ drop 108 Isn’t up to date 111 Early 2000s outbreak, for short 113 Old résident at Versailles 114 “Star Trek” spinoff, to fans 116 Elevs.
ANSWERS ON PAGE 35
F U T U R E S H O C K 34 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
STYLE BOOZIE
Santa gets down and ‘dirty’ BY BOOZIE BEER NUES/SOCIAL BUTTERFLY
Y
’all, it’s already Christmas — how in the world did we get here? Wasn’t it just Halloween? Luckily my holiday spirit was in full swing earlier in the month because now it has died down and I haven’t even finished decorating. But luckily for y’all I have still been in Christmas party mode, so consider this holiday gossip my gift to you! You’re welcome!
mashed potatoes, but better! See, I don’t eat potatoes unless they’re chips or french fries, which I will be picky about, so I was reluctant to try these, but man, I’m glad I did! They were my second favorite thing at the party ... well, third if we’re being technical. My margarita was my second fav and yes, I was drinking a margarita but it also started a margarita trend! I’m not done with the food. In the back of the room was a shrimp and cucumber salad, pickled veggies — the jalapeño carrots were Ho, ho, ho and a bottle of rum on point, but the main attraction was the tuna Lagniappe’s annual Christmas party was last martini platter! I could have eaten the whole Thursday night, and like always the bosses know platter by myself. how to throw a party and spoil us all at the same After food was our annual game of Dirty time. I’ve yet to attend a Lagniappe party that I Santa, and let’s just say there was nothing dirty didn’t enjoy. I mean, we just know how to have about it this year. In years past gifts included a a good time! douchebag, Kinky vodka, a swimsuit calendar In years past we have “pregamed” at one locaand other unwanted gifts. I guess this year people tion then moved to another for the party, but this wanted to play it safe and didn’t want to risk any year we started and finished at The Royal Scam, lawsuits. I brought wine but hey, I’m all about which happens to be one of Boozie’s favorite the booze! places. How could it not be everyone’s? The food The first two gifts were alcohol, the next dish is top-notch and the drinks are always delicious. towels and then the prized gift, an old fashioned Anyways, the night started out with some of kit! More alcohol, a hat that said “whisky makes those delicious drinks and catching up with the me frisky”, CRU rum from Atmore, a hairy-belly folks who work outside the office. After cocktails fanny pack with Gentleman Jack (because it’s and mingling, food was brought out, and since fitting), John Emerald single malt whiskey from Royal Scam’s food is top-notch, like I said, evOpelika, some more wine, some wine with nuts eryone was ready with plate and fork in hand. and sausage, and more alcohol. Out first was a warm crab dip served with I was last again this year and wasn’t sure what also-warm pita chips. I could have poured that to pick; there were only two dead items but I stuff on everything. Next was beef tenderloin and decided on the dish towels. I already had plenty toast points. I personally skipped the bread for of wine stocked up at home and I’m not much of the tenderloin and used it for the crab dip. a whiskey drinker. Plus the person who brought Then while I was standing there they brought the dish towels hated them and they were funny! out crocché, which is basically Italian for fried So like many other times, I got the party started,
many people started stealing and few were left with their original gift. Even though the Lagniappe game of Dirty Santa wasn’t all that dirty this year, there was an appearance by a real life Dirty Santa. Yes, that’s right. The big man himself showed up. Or at least someone dressed like him. We are not exactly sure if this Santa was the real deal, as he appeared to be 8 feet tall and his belly did not shake like a bowl full of jelly. And that’s probably for the best because a whole lot of Lagniappers would have ended up on the naughty list. After Santa went back to the North Pole, some Lagniappers headed to The Haberdasher but I headed home. After drinking vodka, tequila and beer, I knew Friday wasn’t going to be pretty.
Other holiday fun
While us Lagniappe folks were celebrating the holidays, it was reported that a goat was spotted in a car parked at Mary G. Montgomery during the middle school band concert. Umm, yeah, a goat and a dog were left in the car. I mean, it wasn’t hot but it also isn’t normal … but then again, it is Semmes. If the goat wasn’t strange enough, on Saturday during the DIP Christmas parade a few folks caught the best throws of all, miniatures! Hey, only on DIP, but those are my type of throws! Merry Christmas, Happy Hanukkah, Happy Holidays, Season’s Greetings and everything else! Well, kids, that’s all I’ve got this week. Just remember, whether rain or shine, dramatic or scandalous or just some plain ol’ Christmas party lovin’, I will be there. Ciao!
ANSWERS FROM PAGE 34
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 35
LAGNIAPPE LEGALS | 251.450-4466 | legals@lagniappemobile.com AN ORDINANCE TO DELETE CHAPTER 52 AND SECTIONS OF CHAPTERS 11, 25 AND 28 AND CREATE NEW CHAPTER 52 OF THE MOBILE CITY CODE Sponsored by: Mayor Stimpson WHEREAS the Council has determined that Article I, II and III of Chapter 52, entitled “Rollerskates and Skateboards” should be deleted in its entirety; WHEREAS the Council has determined that Article V, Sections 81-98, entitled “Nuisance Abatement” of Chapter 11 should be deleted in its entirety; WHEREAS the Council has determined that Article III, Divisions 1 and 2, of Chapter 25, entitled “Lot Maintenance” should be deleted in its entirety, WHEREAS the Council has determined that Article IV of Chapter 28, Sections 41-50, entitled “Property Maintenance Code” of Chapter 28, should be deleted in its entirety; WHEREAS, the Council has determined that the following Chapter of the City Code should be created: Chapter 52 and entitled: Real Property Maintenance and Enforcement WHEREAS the Council has determined that the newly created Chapter 52 shall include the following Articles, and be adopted as: Article I – Property Maintenance Code Article II – Abatement of Unsafe Buildings and Structural Nuisances Article III – Abatement of High Weeds and Grass (and Lot Clearing) Article IV -- General Real Property Nuisances (and Lot Maintenance) Article V – Foreclosure of Code Enforcement Liens Article VI – Redevelopment Project Areas NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOBILE DOES HEREBY ORDAIN AND DELETE FROM, AMEND AND ADD TO THE CITY CODE, AS FOLLOWS: Section 1. Article I, II and III of Chapter 52 of the City Code, entitled “Rollerskates and Skateboards” is hereby deleted in its entirety Section 2. Article V, Sections 81-98, entitled “Nuisance Abatement” of Chapter 11 of the City Code is hereby deleted in its entirety Section 3. Article III, Divisions 1 and 2, of Chapter 25, entitled “Lot Maintenance” of the City Code is hereby deleted in its entirety. Section 4. Article IV of Chapter 28, Sections 41-50, entitled “Property Maintenance Code” of Chapter 28, of the City Code is hereby deleted in its entirety. Section 5. Article II of Chapter 25, Sections 35, 37, and 38, of the City Code is hereby deleted in its entirety. Section 6. A new Chapter 52 of the City Code, entitled “Real Property Maintenance and Enforcement” is hereby created and ordained, and shall include the following Articles: Article I – Property Maintenance Code Article II – Abatement of Unsafe Buildings and Structural Nuisances Article III – Abatement of High Weeds and Grass (and Lot Clearing) Article IV -- General Real Property Nuisances (and Lot Maintenance) Article V – Foreclosure of Code Enforcement Liens Article VI – Redevelopment Project Areas as set out in full as Exhibit A to hereto. Section 6. The provisions of this Ordinance are severable. If any part of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, that declaration shall not affect the part or parts that remain. Section 7. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed. Section 8. Any suit or proceeding impending 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 this Ordinance shall be affected, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 9. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law. ADOPTED: December 5, 2017 Lisa C. Lambert, City Clerk
CHAPTER 52 – ARTICLE I: PROPERTY MAINTENANCE CODE SECTION 101: SCOPE AND ADMINISTRATION 101.1 Title These regulations shall be known as the Property Maintenance Code of the City of Mobile, hereinafter referred to as “this code.” 101.2 Scope The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for
light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. 101.3 Intent This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. 101.4 Severability If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
SECTION 102 APPLICABILITY 102.1 General Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. 102.2 Maintenance Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, owner’s authorized agent, operator or occupant shall cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures and premises. 102.3 Application of Other Codes Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code. 102.4 Existing Remedies The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary. 102.5 Workmanship Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions. 102.6 Historic Buildings The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. 102.7 Referenced Codes and Standards The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. 102.7.1 Conflicts Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.7.2 Provisions in Referenced Codes and Standards Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
36 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
102.8 Requirements Not Covered by Code Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. 102.9 Application of References References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.10 Other Laws The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
PART 2 - ADMINISTRATION AND ENFORCEMENT SECTION 103; DEPARTMENT OF MUNICIPAL ENFORCEMENT 103.1 General The Code Official, as designated pursuant to 103.2, or his/ her designee, shall be responsible for enforcing the provisions of this code. 103.2 Appointment The code official shall be designated by the Mayor. 103.3 Enforcement Officers In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the Mayor, the Code Official shall have the authority to designate enforcement officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. 103.4 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. 103.4.1 Legal Defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. 103.5 Fees. Any fees required for services under this code shall be due and payable prior to the rendering of the services.
SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Inspections The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.3 Right of Entry Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. 104.4 Identification The code official shall carry proper identification when
inspecting structures or premises in the performance of duties under this code. 104.5 Notices and orders The Code Official, or his or her designee, shall issue all necessary notices of violation, municipal offense tickets, citations, uniform non traffic citation and complaint, or complaints and summons to ensure compliance with this code. 104.6 Department Records The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.
SECTION 105 APPROVAL 105.1 Modifications Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s authorized agent, provided the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. 105.2 Alternative Materials, Methods and Equipment The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved. 105.3 Required Testing Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. 105.3.1 Test Methods Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. 105.3.2 Test Reports Reports of tests shall be retained by the code official for the period required for retention of public records. 105.4 Used Material and Equipment The use of used materials that meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code official. 105.5 Approved Materials and Equipment Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. 105.6 Research Reports Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
SECTION 106 VIOLATIONS 106.1 Unlawful Acts It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. 106.2 Notice of Violation The Code Official shall serve a notice of violation, order, or citation in accordance with Section 107. 106.3 Prosecution of Violation Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 106.4 Violation Penalties It shall be unlawful for any person to violate any provision of this chapter. Upon conviction, any person violating this Chapter shall be assessed a fine of not less than $100.00 and not more than $500.00, plus court costs and fees. Every day a violation of this Chapter shall continue shall constitute a separate violation and offense. This section is expressly in addition to, and is not intended to limit or in any other manner affect the provisions for civil infractions in section 106.3 herein or under law. 106.5 Abatement of Violation The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
SECTION 107 NOTICES AND ORDERS 107.1 Notice to Owner or to Person or Persons Responsible Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the owner or the person responsible for the violation as specified in this code. Notices for condemnation procedures shall, except in cases of Emergency Measures as described in Section 109, also comply with Section 108.3. 107.2 Form Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing; 2. Include a description of the real estate sufficient for identification; 3. Include a statement of the violation or violations and why the notice is being issued; 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 106.3. 107.3 Method of service Such notice shall be deemed to be properly served if a copy thereof is: 1. Posted in a conspicuous place in or about the structure affected by such notice; and 2. Delivered personally, or, sent by certified and first class regular U.S. mail to “occupant” at the address of the property and to the last known address of the owner(s) and all other parties with a legal interest in the property as reflected in the records of the Revenue Commissioner and Probate Court of Mobile County, Alabama. 107.4 Unauthorized Tampering Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official. 107.5 Penalties Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.6 Transfer of Ownership It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner’s authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe Structures An unsafe structure is one that is found to be dangerous
LAGNIAPPE LEGALS | 251.450-4466 | legals@lagniappemobile.com to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. 108.1.2 Unsafe Equipment Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 Structure Unfit for Human Occupancy A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful Structure An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 108.1.5 Dangerous Structure or Premises For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of a lack of sufficient or proper fire- resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical systems, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public 108.2 Closing of Vacant Structures If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the
owner to close up the premises within twenty ( 20) days of the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof, plus a fee equal to all direct and indirect costs incurred with administration and enforcement of this section in regard of the structure, shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 108.2.1 Authority to Disconnect Service Utilities The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. 108.3 Notice Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 108.4.1 Placard Removal The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited Occupancy Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 108.6 Abatement Methods The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. 108.7 Record The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
SECTION 109 EMERGENCY MEASURES 109.1 Imminent Danger When in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 109.2 Temporary Safeguards Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the
code official deems necessary to meet such emergency. 109.3 Closing Streets When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
SECTION 111 MEANS OF APPEAL 111.1 Application for Appeal Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 111.2 Membership of Board The board of appeals, herein called the Construction Board of Appeals, shall be in accordance with the applicable sections of the International Building Code and the Ordinance Adopting the IBC which is adopted by separate ordinance. Section 112 Stop Work Order 112.1 Authority Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. 112.2 Issuance A stop work order shall be in writing and shall be given to the owner of the property, to the owner’s authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 112.3 Emergencies Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 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 and not more than $500.00, plus court costs and fees. Every day a violation of this Chapter shall continue shall constitute a separate violation and offense. This section is expressly in addition to, and is not intended to limit or in any other manner affect the provisions for civil infractions in section 106.3 herein or under law.
CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms Defined in Other Codes Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. 201.4 Terms Not Defined Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit” or “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.”
SECTION 202 GENERAL DEFINITIONS ANCHORED. Secured in a manner that provides positive connection. [A] APPROVED. Acceptable to the code official. BASEMENT. That portion of a building which is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. [A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals. DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. [BG] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. [Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. [BE] GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. [BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register or state or locally designated historic district. HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. [A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned
with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. NEGLECT. The lack of proper maintenance for a building or structure. [A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. [A] OWNER. Owner is any person, agent, firm or corporation having legal title to the real property, including any mortgage holder, bank, lien holder, company, institution, individual or other entity listed in the records of the Office of the Judge of Probate of Mobile County, and / or the estate of any deceased owner(s), and / or the last assessed owner in the property tax records of the Mobile County Revenue Commissioner. PERSON. An individual, corporation, partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serves as their food or water; by other approved pest elimination methods. [A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. [A] PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. [BG] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. [A] STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength. [M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 37
LAGNIAPPE LEGALS | 251.450-4466 | legals@lagniappemobile.com WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. [Z] YARD. An open space on the same lot with a structure.
CHAPTER X; SECTION 301, GENERAL REQUIREMENTS 301.1 Scope The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant Structures and Land Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and Drainage Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and Driveways Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.5 Rodent Harborage Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust Vents Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory Structures Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor Vehicles Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of Property No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. Section 303 Swimming Pools, Spas and Hot Tubs 303.1 Swimming Pools Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the
pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
304.3 Premises Identification Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm).
SECTION 304 EXTERIOR STRUCTURE
304.5 Foundation Walls Foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
304.1 General The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe Conditions The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight; 5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. 304.2 Protective Treatment Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
38 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
304.4 Structural Members Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
304.6 Exterior Walls Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and Drainage The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative Features Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang Extensions Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.10 Stairways, Decks, Porches and Balconies Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and Towers Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weathercoating materials, such as paint or similar surface treatment. 304.12 Handrails and Guards Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, Skylight and Door Frames Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing Glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable Windows Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect Screens Dwelling units which do not have a central air conditioning system shall have tightly fitting 16 mesh per inch scheens on all exterior openable windows and doors used or required for ventilation. Screens on windows and doors shall be stretched and fitted and maintained without open rips or tears. A closing device shall be installed on all screen doors. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement Hatchways Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
304.17 Guards for Basement Windows Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building Security Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. 304.18.1 Doors Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement Hatchways Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. 304.19 Gates Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.
SECTION 305 INTERIOR STRUCTURE 305.1 General The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.1.1 Unsafe Conditions The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. 305.2 Structural Members Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
SECTION 306 COMPONENT SERVICEABILITY 306.1 General The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe Conditions Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. Soils that have been subjected to any of the following conditions: 1.1. Collapse of footing or foundation system; 1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion; 1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil; 1.4. Inadequate soil as determined by a geotechnical investigation; 1.5. Where the allowable bearing capacity of the soil is in doubt; or 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the following conditions: 2.1. Deterioration; 2.2. Ultimate deformation; 2.3. Fractures; 2.4. Fissures; 2.5. Spalling; 2.6. Exposed reinforcement; or 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the following conditions: 3.1. Deterioration; 3.2. Corrosion; 3.3. Elastic deformation; 3.4. Ultimate deformation; 3.5. Stress or strain cracks; 3.6. Joint fatigue; or 3.7. Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the following conditions: 4.1. Deterioration; 4.2. Ultimate deformation; 4.3. Fractures in masonry or mortar joints; 4.4. Fissures in masonry or mortar joints; 4.5. Spalling; 4.6. Exposed reinforcement; or 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1. Deterioration; 5.2. Elastic deformation; 5.3. Ultimate deformation; 5.4. Metal fatigue; or 5.5. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation; 6.2. Deterioration; 6.3. Damage from insects, rodents and other vermin; 6.4. Fire damage beyond charring; 6.5. Significant splits and checks; 6.6. Horizontal shear cracks; 6.7. Vertical shear cracks; 6.8. Inadequate support; 6.9. Detached, dislodged or failing connections; or 6.10. Excessive cutting and notching. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official.
SECTION 307 HANDRAILS AND GUARDRAILS
305.5 Handrails and Guards Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
307.1 General Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code.
305.6 Interior Doors Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by
309.1 Infestation Structures shall be kept free from insect and rodent infesta
305.3 Interior Surfaces Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and Walking Surfaces Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
SECTION 309 PEST ELIMINATION
LAGNIAPPE LEGALS | 251.450-4466 | legals@lagniappemobile.com tion. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.2 Owner The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single Occupant The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple Occupancy The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. 309.5 Occupant The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.
403.2 Bathrooms and Toilet Rooms Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking Facilities Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process Ventilation Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
403.5 Clothes Dryer Exhaust Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer’s instructions. Exception: Listed and labeled condensing (ductless) clothes dryers.
SECTION 401 GENERAL
SECTION 404 OCCUPANCY LIMITATIONS
401.1 Scope The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
404.1 Privacy Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
401.2 Responsibility The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter. 401.3 Alternative Devices In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.
404.2 Minimum Room Widths A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls.
SECTION 402 LIGHT 402.1 Habitable Spaces Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. 402.2 Common Halls and Stairways Every common hall and stairway in residential occupancies, other than in one and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other Spaces All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
SECTION 403 VENTILATION 403.1 Habitable Spaces Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
404.3 Minimum Ceiling Heights Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting a maximum of 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than onethird of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included.
ments of this chapter; the plumbing facilities and waterheating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS MINIMUM AREA IN SQUARE FEET SPACE
1-2 occupants
3-5 occupants
6 or more occupants
Living room a, b
120
120
150
Dining room a, b
No requirement
80
100
Bedrooms
Shall comply with Section 404.4.1
SECTION 503 TOILET ROOMS
503.2 Location Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
404.5.2 Combined Spaces Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/ dining room.
503.3 Location of Employee Toilet Facilities Toilet facilities shall have access from within the employees’ working area. The required toilet facilities shall be located not more than one story above or below the employees’ working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees’ regular working area to the facilities.
404.6 Efficiency Unit Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food Preparation All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
501.1 Scope The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
404.4.5 Other Requirements Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width require-
502.5 Public Toilet Facilities Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
404.5.1 Sleeping Area The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Section 404.4.
404.4.1 Room Area Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof.
404.4.4 Prohibited Occupancy Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
502.4.1 Drinking Facilities Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
503.1 Privacy Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
404.4.3 Water Closet Accessibility Every bedroom shall have access to not less than one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story.
502.4 Employees’ Facilities Not less than one water closet, one lavatory and one drinking facility shall be available to employees.
For SI: 1 square foot = 0.0929 m2. a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
404.4 Bedroom and Living Room Requirements Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5.
404.4.2 Access From Bedrooms Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms.
provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants.
SECTION 501 GENERAL
501.2 Responsibility The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter.
SECTION 502 REQUIRED FACILITIES
503.4 Floor Surface In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
SECTION 504 PLUMBING SYSTEMS AND FIXTURES 504.1 General Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture Clearances Plumbing fixtures shall have adequate clearances for usage and cleaning. 504.3 Plumbing System Hazards Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
SECTION 505 WATER SYSTEM 505.1 General Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.
502.1 Dwelling Units Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
505.2 Contamination The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
502.2 Rooming Houses Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
505.3 Supply The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
502.3 Hotels Where private water closets, lavatories and baths are not
505.4 Water Heating Facilities Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
SECTION 506 SANITARY DRAINAGE SYSTEM 506.1 General Plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. 506.2 Maintenance Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. 506.3 Grease Interceptors Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the code official. Section 507 Storm Drainage 507.1 General Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter. Section 602 Heating Facilities 602.1 Facilities Required Heating facilities shall be provided in structures as required by this section. 602.2 Residential Occupancies Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 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 minimum temperature of 68°F (20°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 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 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
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 39
LAGNIAPPE LEGALS | 251.450-4466 | legals@lagniappemobile.com a minimum temperature of 65°F (18°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. 602.5 Room Temperature Measurement The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.
SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical Appliances Mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of Combustion Products Fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances that are labeled for unvented operation. 603.3 Clearances Required clearances to combustible materials shall be maintained. 603.4 Safety Controls Safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion Air A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy Conservation Devices Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. Section 604 Electrical Facilities 604.1 Facilities Required Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes. 604.3 Electrical System Hazards Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.3.1 Abatement of Electrical Hazards Associated With Water Exposure The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water 604.3.1.1 Electrical Equipment Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement: 1. Enclosed switches, rated a maximum of 600 volts or less; 2. Busway, rated a maximum of 600 volts; 3. Panelboards, rated a maximum of 600 volts; 4. Switchboards, rated a maximum of 600 volts; 5. Fire pump controllers, rated a maximum of 600 volts; 6. Manual and magnetic motor controllers; 7. Motor control centers; 8. Alternating current high-voltage circuit breakers; 9. Low-voltage power circuit breakers; 10. Protective relays, meters and current transformers; 11. Low- and medium-voltage switchgear; 12. Liquid-filled transformers; 13. Cast-resin transformers; 14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water; 15. Wire or cable, not containing fillers, that is suitable
for wet locations and whose ends have not been exposed to water; 16. Luminaires that are listed as submersible; 17. Motors; 18. Electronic control, signaling and communication equipment. 604.3.2 Abatement of Electrical Hazards Associated With Fire Exposure The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire. 604.3.2.1 Electrical Equipment Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code. Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement. Section 605 Electrical Equipment
The required width of aisles in accordance with the International Fire Code shall be unobstructed. 702.3 Locked Doors Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. 702.4 Emergency Escape Openings Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
SECTION 703 FIRE-RESISTANCE RATINGS
605.1 Installation Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
703.1 Fire-Resistance-Rated Assemblies The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
605.2 Receptacles Every habitable space in a dwelling shall contain not less than two separate and remote receptacle outlets. Every laundry area shall contain not less than one groundingtype receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.
703.2 Opening Protectives Required opening protectives shall be maintained in an operative condition. Fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. Section 704 Fire Protection Systems
605.3 Luminaires Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain not less than one electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection. 605.4 Wiring Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings.
SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators In buildings equipped with passenger elevators, not less than one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
SECTION 607 DUCT SYSTEMS 607.1 General Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owneroccupant or permit another person to occupy any premises that do not comply with the requirements of this chapter. Section 702 Means of Egress 702.1 General A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code. 702.2 Aisles
40 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
704.1 General Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. 704.1.1 Automatic Sprinkler Systems Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25. 704.1.2 Fire Department Connection Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official. 704.2 Single-And Multiple-Station Smoke Alarms Single-and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 704.2.1 through 704.2.3. 704.2.1 Where Required Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Sections 704.2.1.1 through 704.2.1.4. Interconnection and power sources shall be in accordance with Sections 704.2.2 and 704.2.3. Exceptions: 1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided. 2. Where smoke alarms have been installed in occupancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with requirements that were in effect at the time of installation. 3. Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms. 704.2.1.1 Group R-1 Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. 704.2.1.2 Groups R-2, R-3, R-4 and I-1 Single-or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a
smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. 704.2.1.3 Installation Near Cooking Appliances Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 704.2.1.1 or 704.2.1.2. 1. Ionization smoke alarms shall not be installed less than 20 feet (6096 m) horizontally from a permanently installed cooking appliance. 2. Ionization smoke alarms with an alarm-silencing switch shall not be installed less than 10 feet (3048 mm) horizontally from a permanently installed cooking appliance. 3. Photoelectric smoke alarms shall not be installed less than 6 feet (1829 mm) horizontally from a permanently installed cooking appliance. 704.2.1.4 Installation Near Bathrooms Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section 704.2.1.1 or 704.2.1.2. 704.2.2 Interconnection Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without the removal of interior finishes. 704.2.3 Power Source Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exceptions: 1. Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place. 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. 3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for building wiring without the removal of interior finishes. 704.2.4 Smoke Detection System Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following: 1. The fire alarm system shall comply with all applicable requirements in Section 907 of the International Fire Code. 2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code. 3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.5 of the International Fire Code.
CHAPTER 8 REFERENCED STANDARDS
This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7.
APPENDIX A BOARDING STANDARD
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.
ASM
American Society of Mechanical Engineers Three Park Avenue New York, NY 10016-5990
Standard reference number
Title
Referenced in code section number
Safety Code for Elevators ASME and Escalators A17.1/CSA B44 - 2013 ASTM
Standard reference number
ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Title
606.1
Referenced in code section number
F 1346 - 91 Performance Specifications (2010) for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs
303.2
ICC
International Code Council 500 New Jersey Avenue, NW 6th Floor Washington, DC 20001
Standard reference number
Title
Referenced in code section number
IBC - 15
International Building Code®
102.3, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 702.3
IEBC - 15 International Existing Build- 102.3, 305.1.1, ing Code® 306.1.1 IFC - 15
IFGC - 15 IMC - 15
International Fire Code® 102.3, 201.3, 604.3.1.1, 604.3.2.1, 702.1, 702.2, 704.1, 704.2 International Fuel Gas 102.3 Code® International Mechanical 102.3, 201.3 Code®
IPC - 15
International Plumbing Code®
102.3, 201.3, 505.1, 602.2, 602.3
IRC - 15
International Residential Code®
102.3, 201.3
IZC - 15 International Zoning Code® 102.3, 201.3 NFPA
National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269
Standard reference number
Title
25 - 14
70 - 14
Referenced in code section number
Standard for the Inspection, 704.1.1 Testing and Maintenance of Water-Based Fire Protection Systems National Electrical Code 102.4, 201.3, 604.2
SECTION A101 GENERAL A101.1 General Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure.
SECTION A102 MATERIALS A102.1 Boarding Sheet Material Boarding sheet material shall be minimum 1/2-inch-thick (12.7 mm) wood structural panels complying with the International Building Code. A102.2 Boarding Framing Material Boarding framing material shall be minimum nominal 2-inch by 4-inch (51 mm by 102 mm) solid sawn lumber complying with the International Building Code. A102.3 Boarding Fasteners Boarding fasteners shall be minimum 3/8-inch-diameter (9.5 mm) carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with the International Building Code.
SECTION A103 INSTALLATION A103.1 Boarding Installation The boarding installation shall be in accordance with
LAGNIAPPE LEGALS | 251.450-4466 | legals@lagniappemobile.com Figures A103.1(1) and A103.1(2) and Sections A103.2 through A103.5.
FIGURE A103.1(1) BOARDING OF DOOR OR WINDOW
FIGURE A103.1(2) BOARDING OF DOOR WALL A103.2 Boarding Sheet Material The boarding sheet material shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window. A103.3 Windows The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored. The 2-inch by 4-inch (51 mm by 102 mm) strong back framing material shall be cut minimum 2 inches (51 mm) wider than the window opening and shall be placed on the inside of the window opening 6 inches (152 mm) minimum above the bottom and below the top of the window opening. The framing and boarding shall be predrilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured. A103.4 Door Walls The door opening shall be framed with minimum 2-inch by 4-inch (51 mm by 102 mm) framing material secured at the entire perimeter and vertical members at a maximum of 24 inches (610 mm) on center. Blocking shall also be secured at a maximum of 48 inches (1219 mm) on center vertically. Boarding sheet material shall be secured with screws and nails alternating every 6 inches (152 mm) on center. A103.5 Doors Doors shall be secured by the same method as for windows or door openings. One door to the structure shall be available for authorized entry and shall be secured and locked in an approved manner. A104 REFERENCED STANDARD IBC - 12 International Building Code A102.1, A102.2, A102.3
CHAPTER 52, ARTICLE II — ABATEMENT OF UNSAFE BUILDINGS AND STRUCTURAL NUISANCES
Section 1: Findings and purpose. (a) The existence of unsafe, dangerous and dilapidated buildings and structures within the city constitutes a public nuisance, the abatement of which burdens the city and contributes to blight and crime in neighborhoods. (b) Code of Alabama (1975), Section 11-53B-1, et. seq., permits the city, after meeting certain notice requirements, to repair or demolish unsafe buildings and to provide a means of placing a lien on the property for the costs of the work involved in abating the nuisance. (c) Implementing the procedures authorized by the state law will be more efficacious in eliminating these nuisances and will protect the public safety, health, and welfare. Section 2. Definitions. The words used in this article will have the meanings set out below: “Assessment” means the cost incurred to repair or demolish a structure as provided by this chapter. “Code official” as used in this article means the city building inspector official, any city building official or deputy and any other city official or city employee designated by the mayor as the person to exercise the authority and perform the duties delegated by this article. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the Mayor, the Code Official shall have the authority to designate enforcement officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. “Building” means any building, structure, part of a build-
ing or structure, party wall, foundation used or intended for supporting or sheltering any use or occupancy. “City” means the City of Mobile, Alabama. “Council” means the city council. Owner is any person, agent, firm or corporation having legal title to the real property, including any mortgage holder, bank, lien holder, , company, institution, individual or other entity listed in the records of the Office of the Judge of Probate of Mobile County, and /or the estate of any deceased owner(s), and / or the last assessed owner in the property tax records of the Mobile County Revenue Commissioner. “Person” means any natural or legal person including partnerships, corporations, limited liability companies and the like. “Permanent improvements” means all repairs, improvements, appurtenances, buildings, and equipment attached to property as fixtures. “Repair” means any and all improvements, efforts, and / or work undertaken to stabilize a structure or building, or any part thereof, including walls, foundations and roofs, to the extent necessary so that the structure or building will no longer be dangerous or unsafe to the extent that it is a public nuisance. Section 3: Powers and Duties of the Code Official. The Code Official, as designated pursuant to Article I of this Chapter, or his/her designee, shall be responsible for enforcing the provisions of this code. The code official shall: (1) Inspect, or cause to be inspected, any buildings, residences, schools, halls, churches, theatres, hotels, tenements, commercial manufacturing or loft buildings for the purpose of determining whether any conditions exist which render any such place a dangerous building as defined by this article; (2) Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is, or may be, existing in violation of this article; (3) Inspect any building, wall or structure reported (as hereinafter provided for) by the fire department or police department as probably existing in violation of the terms of this article; and (4) Perform such other duties as are set forth in this article. (c) The code official is hereby authorized and directed to enforce all of the provisions of this article. Upon presentation of the proper credentials, the code official may enter any building, structure, part of building or structure, party wall, foundation, or premises for the purpose of inspection, to prevent violation of the provisions of this article, and/or to carry out an order given pursuant to this article. Section 4. Dangerous and Unsafe Buildings Defined. Properties containing any building, structure, part of building, part of a structure, party wall, or foundation which has any of the following defects shall be deemed dangerous and unsafe: (1) Those properties with any door, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the City of Mobile as related to the requirements for existing buildings; (2) Those properties which the walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress; (3) Those properties with any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged; (4) Those properties with any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value; (5) Those properties where the building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way; (6) Those properties where the building or structure, or any portion thereof, is clearly unsafe for its use and occupancy; (7) Those properties where the building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act; (8) Those properties where any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the City of Mobile building or fire code, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety;
(9) Those properties where a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the Code Official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; (10) Those properties with any building or structure, because of a lack of sufficient or proper fire-resistance-related construction, fire protection systems, electrical systems, fuel connections, mechanical system, plumbing system or other cause, is determined by the Municipal Enforcement Official to be a threat to life or health; (11) Those properties where any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. Section 5. Dangerous and unsafe buildings or structures constitute nuisances. All dangerous and unsafe buildings or structures are hereby declared to be public nuisances, and shall be repaired, demolished and/or vacated as provided by this article. Section 6. Standards for repair, demolition or vacation. The following standards shall be followed by the code official in ordering a repair, demolition, and/or vacation: (a) A building, structure, part of a building, part of a structure, party wall or foundation shall be ordered to be repaired when it exhibits only one of the following defects: roof damage, leaning walls, or compromised foundation; not more than two of the following factors: missing or broken windows, close proximity to blight, tax delinquency, disconnected utilities, water or rain penetrating into the structure, previous fire damage, or less than two code violations existing under Article I of this Chapter; and, is able to be repaired to the extent necessary so that it will no longer be deemed a dangerous and unsafe building under the terms of this article. (b) A building, structure, part of a building, part of a structure, party wall or foundation shall be ordered to be demolished when it exhibits two or more of the following defects: roof damage, leaning walls, or compromised foundation; and, more than two of the following factors: missing or broken windows, close proximity to blight, tax delinquency, disconnected utilities, water or rain penetrating into the structure, previous fire damage, or less than two code violations existing under Article I of this Chapter. (c) If any building, structure, part of building, part of a structure, party wall, or foundation is in such condition as to make it dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants, it shall be ordered to be vacated. The code official may, in his sole discretion, choose to order any one, any combination, or all of the foregoing remedies. Section 7. Notice from code official of unsafe condition. (a) Whenever the code official of the city finds that any building, structure, part of building, part of a structure, party wall, or foundation situated in the city is unsafe or dangerous to the extent that it is a public nuisance, the code official shall, as set forth in this section, give notice to remedy the unsafe or dangerous condition of the building or structure. The notice shall identify the street address, the legal description, and the parcel identification number of the property where the building, structure, part of building or structure, party wall, or foundation is located. The notice shall set forth in detail the basis for the code official’s finding and shall direct the owner or owners to take either of the following actions: (1) In the case where repair is required, accomplish the specified repairs or improvements within a reasonable time set out in the notice, which time shall not be less than forty-five (45) days of the date of the notice or if the same cannot be repaired within that time to provide the code official with a work plan to accomplish the repairs, which plan shall be submitted within forty-five (45) days of the making of the notice and shall be subject to the approval of the code official. (2) In the case where a demolition is required, demolish the building, structure, part of building or structure, party wall, or foundation within a reasonable time set out in the notice, which time shall not be less than forty-five (45) days of the notice. (b) The notice shall state that, in the event the owner does not comply within the time specified therein, the repairs or the demolition shall be accomplished by the City and the cost thereof assessed against the property. The notice shall inform the recipients that a public hearing as provided for by Section 8 shall be held on the finding of the code official at a date, time, and location specified in the notice. (c) The code official may also order that any building, structure, or part of building or structure ordered to be repaired or demolished be vacated along such terms as the code official deems appropriate. (d) The code official shall give the notice required by subsection (a) of this section by all of the following means: (1) By certified or registered mail, properly addressed and postage prepaid, to all of the following persons or entities: a. The person or persons, firm, association, or corporation last assessing the property for state taxes to the address on file in the county tax collector’s office; b. The record property owner or owners (including any
owner or owners of an interest in the property) as shown from a search of the records of the office of the judge of probate of the county at the owner or owners’ last known address and at the address of the subject property; c. All mortgagees of record as shown from a search of the records of the office of the judge of probate of the county to the address set forth in the mortgage or, if no address for the mortgagee is set forth in the mortgage, to the address determined to be the correct address by the code official; d. All lien holders of record as shown from a search of the records of the office of the judge of probate of the county to the address set forth in the statement of lien or, if no address for the lien holder is set forth in the statement of lien, to the address determined to be the correct address by the code official; and e. Any person who is otherwise known to the city clerk or to the code official to have an interest in the property; (2) By posting notice of the order, or a copy thereof, within three (3) days of the date of mailing required by subsection (d)(1) of this section, at or within three feet of an entrance to the building or structure. If there is no entrance, the notice may be posted at any location on the building or structure; and (3) By recording notice of the order, or a copy thereof, in the office of the judge of probate of the Mobile County, on or before the date of mailing required by subsection (d) (1) of this section. (e) A failure by the city council to act on the findings of the code official within one-hundred and twenty (120) days from the date of mailing required by subsection (d)(1) of this section shall constitute an abdication of the code official’s findings. However, this shall in no way prevent the city from reinitiating the proceedings authorized by this article at any time so long as all the requirements of this article are satisfied anew. Furthermore, this does not require that the ordered demolition or repairs take place within ninety (90) days from the date of mailing required by subsection (d)(1) of this section. Section 8. Hearing; appeal. (a) After the time specified in the notice provided for by Section 7 but no less than fifty (50) days from the date the notice is given as provided for by Section 7, whichever is later, if the owner of any property cited hereunder fails to comply with the notice prescribed, the city council shall hold a public hearing to receive any objections to the finding by the code official that the building or structure is unsafe to the extent of becoming a public nuisance. A written request for a public hearing is not necessary. At the public hearing, the city council shall also receive any written objections to the finding by the code official. Any such written objection must be submitted to the city clerk prior to the start of the city council meeting at which the public hearing is held. No action shall be taken on the finding of the code official until determination thereon is made by the city council. (b)Upon holding the hearing, the city council shall determine whether or not the building or structure is unsafe to the extent that it is a public nuisance. If it is determined by the city council that the building or structure is unsafe to the extent that it is a public nuisance, the city council shall take either of the following actions: (1)In the case where repair is required, order repair of the building at the expense of the city and assess the expenses of the repair on the land on which the building stands or to which it is attached. (2)In the case where a demolition is required, order demolition of the building at the expense of the city and assess the expenses of the demolition on the land on which the building stands or to which it is attached. The city council may also order that any building, structure, or part of building or structure to be repaired, or demolished be vacated along such terms as the city council deems appropriate. (c)Any person aggrieved by the decision of the city council at the hearing may, within ten (10) days thereafter, appeal to the Circuit Court of Mobile County upon filing with the clerk of the Circuit Court of Mobile County, notice of the appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of the notice of appeal and approval of the bond, the circuit clerk of the court shall serve a copy of the notice of appeal on the city clerk, and the appeal shall be docketed in the circuit court and shall be a preferred case therein. The city clerk shall, upon receiving the notice, file with the circuit clerk a copy of the findings and determination of the city council in its proceedings. Any trials shall be held without jury upon the determination of the city council that the building or structure is unsafe to the extent that it is a public nuisance. (d)After fourteen (14) days of the decision of the city council, if a repair or demolition is ordered by the city council and if an appeal has not been taken to the circuit court as provided for by subsection (c) of this section, then the repair or demolition may be accomplished by the city by the use of its own forces, or it may provide by contract for the repair or demolition. In the event that an appeal is taken to the circuit court as provided for by subsection (c) of this section, once a judgment authorizing a repair or demolition becomes final as provided by law, then the repair or the demolition may be accomplished by the city by the use of its own forces, or it may provide by contract for the repair or the demolition. (g) Nothing in this article shall prevent the city from reinitiat-
ing the proceedings authorized by this article at any time so long as all the requirements of this article are satisfied anew. (h) The city may sell or otherwise dispose of salvaged materials resulting from any demolition pursuant to this article. Section 9. Fixing of costs. (a) Upon repair or demolition of the building or structure, the code official shall make a report to the city council of the cost thereof by tendering a copy of the report to the city clerk. The city clerk shall distribute a copy of the report to the members of the city council. The proceeds of any moneys received from the sale of salvaged materials from the building or structure shall be used or applied against the cost of demolition. The city clerk shall set the report of costs for a public hearing at a meeting of the city council. (b) The city clerk shall give no less than ten (10) days’ notice of the meeting at which the fixing of the costs is to be considered by first class mail to all persons or entities listed in Section 7. Notice shall be deemed complete upon mailing. (c) Any person, firm, or corporation having an interest in the property may be heard at the meeting as to any objection to the fixing of the costs or the amounts thereof. (d) Following the public hearing, the city council shall adopt a resolution fixing the costs which it finds were reasonably incurred in the repair or the demolition and assessing the costs against the lot or lots, parcel or parcels of land upon which the building or structure was located (the final assessment). Section 10. Lien; payment of assessments. (a) The final assessment for any abatement accomplished pursuant to this article once made and confirmed by the city council shall constitute a lien on the property for the amount of the final assessment. The lien shall be superior to all other liens on the property except liens for taxes, and shall continue in force until paid. (b) Payment of a final assessment resulting from a repair accomplished pursuant to this article shall be made in the manner and as provided in Code of Ala. 1975, § 11-53B-7, as the same has heretofore or may hereafter be amended. (c) The city clerk shall file a certified copy of the resolution in the office of the judge of probate of Mobile County. (d) Upon the property owner’s failure to pay the assessment, and when a final assessment remains unpaid for six months, the city may foreclose and sale the lien as provided for in Article V of this Chapter. (e) In the alternative, the code official may direct the office directed by the city to collect the assessments to file a certified copy of the resolution with the county tax collector’s office and elect to have the tax collector or revenue commissioner collect the assessment by adding the assessment to the tax bill. Upon the election, the tax collector or revenue commissioner shall collect the assessment using all methods available for collecting ad valorem taxes and remit the municipal lien payoff amount to the City. (f)The city may assess the final assessment against any lot or lots, parcel or parcels of land purchased by the state at any sale for the nonpayment of taxes, and where the assessment is made against the lot or lots, parcel or parcels of land, a subsequent redemption thereof by any person authorized to redeem, or sale thereof by the state, shall not operate to discharge or in any manner affect the lien of the city for the assessment, but any redemptioner or purchaser at any sale by the state of any lot or lots, parcel or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale to the state for the nonpayment of taxes, shall take the same subject to the assessment. The assessment shall then be added to the tax bill of the property, collected as a tax, and remitted to the city. Section 11. Emergency Action. (a)The code official is hereby authorized to initiate the immediate repair or demolition of a building, structure, or portion thereof when in the opinion of the code official such emergency action is required due to imminent danger of structural collapse endangering adjoining property, the public right-of-way, or human life or health. In the case of emergency action pursuant to this subsection, the code official shall promptly cause such building, structure, or portion thereof to be made safe, secured, or removed. For this purpose, the code official may at once enter such structure with such assistance and at such cost as the code official may deem necessary. The code official may vacate adjacent structures and protect the public by appropriate fence or such other means as may be necessary, and for this purpose, the code official may close a public or private way. (b)To the extent that the circumstances allow without furthering the risk of harm or danger, prior to taking any action, the code official or the city council as applicable shall attempt to give actual notice of the proposed action to those persons and/or entities identified in section 7 and seek to secure their cooperation. (d)In the case of any action taken pursuant to this section, the code official shall prepare a declaration of the emergency that shall set forth in detail the reason or reasons for emergency repair or demolition. The declaration shall identify the street address, the legal description, and the parcel identification number of the property where the building, structure, or portion thereof is located. The code official shall serve, post, and file the declaration as soon as practicable as provided for the service of a notice in section 7. The code official shall also provide the declaration to the
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 41
LAGNIAPPE LEGALS | 251.450-4466 | legals@lagniappemobile.com city council by tendering a copy of the report to the city clerk. The city clerk shall distribute a copy of the report to the members of the city council. (e)The cost of the emergency action shall be fixed by the city council and shall be assessed pursuant to this article in the same manner provided for non-emergency repairs, moves, or demolitions. (f)In cases of emergency action pursuant to this section, the decision of the code official and/or the city council, as applicable, shall be final, and there shall be no right to appeal the decision of the code official and/or the city council, as applicable, in the case of an emergency. Section 12. Duties of the fire department. The employees of the fire department shall make a report in writing to the building inspector official of all buildings or structures which are, may be, or are suspected to be dangerous buildings. Such reports must be delivered to the code official within seventy-two (72) hours of the discovery of such buildings by an employee of the fire department. Section 13. Duties of the police department. All employees of the police department shall make a report in writing to the building inspector official of all buildings or structures which are, may be, or are suspected to be dangerous buildings. Such reports must be delivered to the code official within seventy-two (72) hours of the discovery of such buildings by an employee of the police department. Section 14. Cumulative effect. This article is cumulative in nature and is in addition to any power and authority that the city may have under any other law.
CHAPTER 52, ARTICLE III: ABATEMENT OF HIGH WEEDS AND GRASS AND LOT CLEARING
Division I: Generally Section 1. - Title and purpose. This article is adopted pursuant to the authority of chapter 67 of title 11 of the Code of Alabama and shall be known and may be cited as the “Abatement of High Weeds and Grass and Lot Clearing Ordinance of the City of Mobile.” In order to serve public health, safety and welfare, the declared purpose of this article is to prohibit and order the abatement of certain public nuisances within the city which are defined by this article. Section 2. - Definitions. As used herein: “Code official” means the city building inspector official, any city building official or deputy and any other city official or city employee designated by the mayor as the person to exercise the authority and perform the duties delegated by this article. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the Mayor, the Code Official shall have the authority to designate enforcement officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. “Excluded properties” consists of heavily wooded areas, areas in their natural state (i.e., not previously developed in any manner), property under current construction and farm properties (except as designated elsewhere in this article). “Liability” means responsibility for any damages that may occur during cutting and/or debris removal upon or from private property. “Occupant” is the owner, tenant or person in possession or charge of any house, building, store, shop, lot or premises. Owner is any person, agent, firm or corporation having legal title to the real property, including any mortgage holder, bank, lien holder, , company, institution, individual or other entity listed in the records of the Office of the Judge of Probate of Mobile County, and /or the estate of any deceased owner(s), and / or the last assessed owner in the property tax records of the Mobile County Revenue Commissioner. “Person” means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, business or any entity recognized by law. “Premises” are any buildings or real property. “Private property” is any real property owned by any person as defined herein. “Private contractors” means individuals or groups of individuals maintaining a current business license from the city for lawn and garden care in accordance with city license code section 229.2 and listed by resolution and approved by the city council. “Public access” means that the property to be cut/cleaned must have access to subject property from public road, right-of-way or easement without removing any fence or other surrounding structure. Access to subject property may be obtained via adjoining noninvolved property pursuant to Code of Alabama, Section 11-67-1 et seq. “Public nuisance” means any growth of weeds, scrub (wild) bushes and grass exceeding community standards, normally ten (10) inches in height and/or nonorganic debris that presents a fire hazard, a health hazard, a safety hazard or otherwise endangers surrounding areas. Vacant lot means any area of land that either has no structure upon it or has an unoccupied structure, whether that unoccupied structure be business or residential, upon the premises. A vacant lot will encompass adjoining and/or included rights-of-way, easements, ditches and alleyways.
Section3. Duty to Maintain and Prevent. (a) It shall be the duty of any owner or occupant of property within the city to at all times cut and mow the grass and weeds on their respective property and in the space between the property line and the curbline in front, rear and alongside thereof, so that neither grass nor weeds shall rise above the height of 10 inches, and shall cause the removal of any cuttings or mowings. (b) It shall be the duty of any owner or occupant of property within the city to at all times destroy and remove poison oak, poison ivy, poison sumac, or similar noxious plants or growths from their respective property. For purposes of the division, destroy shall mean the complete killing of the plants or growths above the surface of the ground by the use of chemicals, cutting, tillage or any combination of those methods that will effectively prevent the growth from maturing and spreading. (c) It shall be the duty of any owner or occupant whose property abuts a city right-of-way to keep any sidewalks and city right-of-way between the street and their property line mowed and free of junk, litter and debris. Section 4. Failure to Maintain. Private property retained or maintained in violation of this article shall be declared a “public nuisance” and will be abated by the city as set forth in this article and consistent with the procedures set forth in Chapter 67 of Title 11 of the Code of Alabama. Section 5. Exempt properties. Property consisting of more than five (5) contiguous acres shall be considered farm property and exempt from cutting or mowing, except as hereinafter provided. Such designated farm property, when the property is not under cultivation for useful purposes, shall be required to maintain an area of fifty (50) feet (including any adjoining rights-of-way or easements) from the abutting property lines of any and all abutting residential or business property, and from adjoining public road or street, which area shall be in compliance as set forth above. Excluded properties shall also be exempt from the cutting or mowing requirements of this article. Section 6. When nuisance may be declared. All high grass and weeds growing upon the streets, sidewalks or upon private property within the city which bear seeds of a wingy or downy nature, which attain such a growth of ten (10) inches or taller, which become a fire menace when dry, or which are otherwise noxious or dangerous, may be declared to be a public nuisance by the city council, and thereafter abated as hereinafter provided. Section7. Declaration, Resolution and Abatement Order. Whenever any high grass and weeds in excess of 10 inches are growing upon any street, sidewalk or private property the city council may, by resolution, declare the same to be a public nuisance and order its abatement. The resolution shall refer to the street by the name under which it is commonly known, describe the property upon which or in front of which the nuisance exists by giving a legal description thereof and no other description of the property shall be required. Any number of streets, sidewalks or parcels of private property may be included in one (1) and the same resolution. Section8. Notice of Hearing. (a) Prior to the passage of the resolution, notice of a public hearing on the matter shall be given by certified mail, return receipt requested, mailed a minimum of thirty (30) days prior to the date of the public hearing and shall inform the owner of the time, date and place of the public hearing and reason therefor. The notice shall be mailed to the owner of the property as same appears of record in the revenue commissioner’s office. (b) All notices shall carry a list of names of persons and/ or private contractors who perform such work and are registered with the city clerk. Such names shall not constitute a recommendation and the failure to include such a list shall not affect the operation of this article in any manner. (c) Notice shall also be given by publication in a newspaper of general circulation published in the city once a week for two (2) consecutive weeks, or if no newspaper is published in the city, notice shall be posted in three (3) public places located in the city for at least twenty-one (21) days prior to the hearing. The first notice shall be published at least fourteen (14) days prior to the date of the scheduled public hearing. The wording of the newspaper notice shall be in substantially the following form: NOTICE TO DESTROY WEEDS AND/OR CLEAR PRIVATE PROPERTY OF JUNK, LITTER OR DEBRIS Notice to the owner(s) of property located at: ____________ Notice is hereby given that on the _______day of____ , 20___at ____A.M./P.M. in the council chamber, the council of the City of Mobile will consider a resolution regarding the weeds growing upon or in front of the property and or the accumulation of junk, litter or debris on __________ in the City of Mobile, and more particularly described in said resolution, a copy of which is on file in the office of the city clerk; and at that time and place will determine whether the same constitutes a public nuisance which must be abated by the removal of said noxious or dangerous weeds and/or the clearing of
42| L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
junk, litter or debris; and, if so, will order the abatement (removal and clearing) of said nuisance(s), in which case the cost of such abatement shall be assessed upon the lots and lands from which or in front of which such weeds are removed, and such cost will constitute a lien for weed removal upon such lots or lands until paid. If no objections are filed with the city clerk at least five days before the meeting of said council and unless such person appears before the council in person or through his or her representative to show cause, if any, why his or her objection should be sustained, it shall be presumed that the person accepts the notice as fact and waives any rights he or she may have to contest the removal of said weeds and the action of the council shall be final unless good and sufficient cause can be otherwise shown. Reference is hereby made to said resolution, on file in the office of the city clerk, for further particulars. Dated this _______ day of _________ , 20__. (d) In addition thereto, a minimum of two (2) signs shall be conspicuously posted on the property. The caption of the signs shall not be less than one (1) inch in height and shall be in substantially the same form as expressed in Code of Ala. § 11-67-62. (e) The notice shall be posted at least seven (7) days prior to the time for hearing objections by the city council. Section 9. – Hearing; decision of City Council. The city council shall, at the time stated in said notice, hear and consider all evidence, objections and protests regarding the proposed removal of high weeds and grass and/or clearing of the lot. The council may continue the hearing from time to time, as needed. Upon the conclusion of the hearing, the council, by resolution, shall decide whether a public nuisance exists and, if so, shall order it to be removed or abated with respect to any property or part thereof described. The city council, by passage of the resolution, shall be deemed to have acquired jurisdiction to proceed and either to perform or have performed the work of removal or abatement with respect to such property or part thereof. The decision of the governing body on the matter shall be deemed final and conclusive. Section 10. -Right of entry – Private Contractors. (a) After the council passes the resolution finding the conditions of the property to be a nuisance and ordering its abatement, all employees and duly authorized agents of the city are hereby expressly authorized to enter upon private property for that purpose. (b) The city may at its option authorize private contractors, companies, enterprises or individuals to abate and remove the nuisance. The council, by resolution, shall designate the contractors, companies, enterprises or individuals who may perform the work. Those persons so designated are hereby authorized to enter upon private property for purposes of abating or removing the nuisance pursuant to Code of Alabama, section 11-67-1 et seq. For purposes of this article and Code of Alabama, section 11-67-1 et seq., compliance with the competitive bid law is not required. (c) Any property owner shall have the right to have any such weeds removed at his own expense providing the same is done prior to the commencing of the work by the employees or agents of the city. Division Two: Administrative Procedures Section 11 - Groups of lots to be abated. Groups of lots and parcels to be abated under this Article will be established fairly and equitably taking into consideration the following criteria: (1) A comparable disbursement of property to begin with, based upon square footage, within each group, and (2) As minimal a traveling distance between lots and parcels within each group as possible. Section 12. Charges. (a) The following charges will be established for cutting/cleaning of properties designated as a public nuisance by the city council under provisions of this article and Code of Alabama, Section 11-67-1 et seq.: § Per square foot cut ..... $ 0.0125 § Per cubic yard debris removal ..... 5.00 § Cumulative penalty beginning with the third public nuisance resolution within a twenty-four-month period ..... 50.00 Administrative charges are to accrue as follows: § If the lot is cut after the courtesy letter has been issued and during the fifteen-day grace period ..... none § If the lot is cut after the nuisance letter is issued and during the thirty-day grace period ..... 35.00 § If the lot is posted and the owner cuts the lot before the seven-day grace period and the public hearing ..... 35.00 § If the lot is cut by the contractor ..... 45.00 § Plus, per square foot to cover invoices ..... 0.0125 § If the lot is cut by the city ..... 45.00 § For every additional time a lot is cut by the City or a contractor within a 36 month period from the date of the initial nuisance declaration, administrative charges will increase by a $100 per abatement. § If the lot is cut by the City or a contractor twice within an 18 month period, 150.00 § If the lot is cut by the City or a contractor three times within an (b) In the event that subject property is brought into complete compliance with this article after the property is declared a public nuisance and prior to the private contractor or city crew being dispatched for cutting, the property
will not be cut; however, the assessed owner will be subject to and liable for the administrative charges which will be collected in the same manner as other charges in accordance with this article and Code of Alabama, Section 11-67-1 et seq. (c) In the event that subject property is not brought into complete compliance with this article prior to the date designated by the city council for the property to be delegated to a private contractor or city crew for cleaning, subject property will be completely cleaned and a “weed lien” shall be assessed against the property in the amount of administrative charges and cleaning costs in accordance with this article and Code of Alabama, Section 11-67-1 et seq. (d) Prior to a vacant lot being declared a public nuisance by the city council, a private contractor and individual property owners may mutually contract for the regular maintenance of subject property at a different rate from those prescribed in this article by the city. However, once such property is declared a public nuisance by the city council, the areas must be in compliance with this article. (Ord. No. 24-074, Art. III, § 2, 7-5-88; Ord. No. 24-014, Art. III, § 2, 2-28-90) Section 13 - Rotation list of private contractors. (a) An initial list of private contractors seeking to be placed by city council resolution on a list of contractors to be utilized by the city to abate property declared a public nuisance will be fairly and equitably established. The method of selection of a private contractor for each succeeding group will be a method of rotation. The list of contractors will be referred to as a rotation list. (b) Upon a private contractor’s name arriving at the top of the rotation list, he/she will be offered the next available group of public nuisance abatements. Upon acceptance of the group, the private contractor will: (1) Be required to show proof of current city business license; (2) Be required to show proof of current liability insurance in the amount normally required by the city; and (3) Be required to complete all abatement work within fifteen (15) days of acceptance of group. (c) After completion of the group the private contractor will move to the bottom of the list for future rotation in turn upwards. (d) Private contractors seeking to be placed on the rotation list after the initial list has been established will be placed at the bottom of the list in the order of contact, upon compliance with the requirements set forth under this article. (e) Private contractors refusing a group at the time of their rotation to the top of the list will be placed at the bottom of the list and will not be called until they move upward in a normal succession to the top of the rotation list. Two (2) consecutive refusals of a group by a contractor will subject the contractor’s name to be removed from the rotation list for a period of two (2) years. (f) Acceptance of a group will constitute an agreement on the part of the private contractor to abide by this article, Code of Alabama, Section 11-67-1 et seq. and all administrative policies or procedures which may be established by the city from time to time. (g) The amount of litter, junk and debris to be removed from the lots/parcels will be mutually agreed upon between the private contractor and the city upon acceptance of the group and such agreement will be binding. (Ord. No. 24-074, Art. III, § 3, 7-5-88; Ord. No. 24-014, Art. III, § 3, 2-28-90) Section 14 - Liability. Private contractors seeking to participate in this program in accordance with this article and Code of Alabama, Section 11-67-1 et seq., shall be required to provide proof of liability insurance in the amounts routinely required by the city for similar projects, prior to being listed as a private contractor with the city council and will provide proof of current liability insurance upon request and will accept responsibility for any damages to subject lots and surrounding areas which may occur during the cutting/cleaning of subject property. The insurance policy shall contain an endorsement that the same shall not be canceled without giving to the city ten (10) days’ written notice of any proposed cancellation thereof. (Ord. No. 24-074, Art. III, § 1, 7-5-88; Ord. No. 24-014, Art. III, § 1, 2-28-90) Section 15. - Verification and payment of private contractor. (a) Upon the private contractor bringing all lots/parcels in a group into complete compliance within the required fifteen (15) days, the private contractor will submit a request for payment along with verification of cutting/cleaning (i.e., dated “before” and “after” photographs). (b) Payment will not be made for any cutting within a group unless the entire group is brought into complete compliance within the specified period of time allowed following all requirements of this article, and established policies and procedures. (c) Upon compliance with requirements as set forth, payment will be made by the city to the private contractor at the established rate stated in this article, as applicable. (Ord. No. 24-074, Art. III, § 5, 7-5-88; Ord. No. 24-014, Art. III, § 5, 2-28-90) Section 16 – Confirmation of costs; collection; appeal.
(a) The city shall keep an account of the cost of abating each nuisance in front of or on each separate lot or parcel of land where lot cleaning work is completed by it or its employees, or by a duly authorized private contractor, company, enterprise or individual, and shall render a written itemized report to the city council showing the cost of removing a particular nuisance; provided that before the report is submitted to the governing body, a copy of the same shall be posted for at least five (5) days prior thereto on or near the chamber door of the governing body, together with a notice of the time when the report shall be submitted to the governing body for confirmation. (b) Prior to the time fixed for the city council to receive and consider the report, the administrative appeal process of filing, hearing and ruling upon complaints and objections shall have been completed. All appeals of lot cleaning assessments totaling less than five hundred dollars ($500.00) shall be filed with and heard by the executive director of public works, or his designee, and his decision shall be final. Where the lot cleaning assessment totals more than five hundred dollars ($500.00), the decision of the executive director of public works, or his designee, shall be appealable to the city council, at the property owner’s request upon filing a timely notice with the city clerk at least seven (7) days prior to the time fixed by the city council to receive and consider the report of an intent to appear before the city council. (c) At the time fixed for receiving and considering said report, the governing body shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating said nuisance and thereupon make such modifications in the report as they deem necessary, after which by motion or resolution said report shall be confirmed. The amounts of the cost for abating such nuisance in front of or upon the various parcels of land mentioned in said report shall hereinafter be referred to as “weed and lot clearing liens,” and as thus made and confirmed shall constitute a lien on said property for the amount of such lien(s), respectively. After confirmation of the report, the city clerk shall file a certified copy of the resolution in the office of the judge of probate of Mobile County. (d) The city shall attempt to collect the “weed and lot clearing lien.” (e) If this attempt by the city proves futile, a copy of the “weed and lot clearing lien” confirmation report may be turned over to the revenue commissioner who, under the “optional method of taxation,” is charged with the collection of the city’s municipal taxes pursuant to Code of Alabama, Sections 11-51-40 through 11-51-74, (1975). In the event the “weed lien” is turned over to the revenue commissioner, it shall be the duty of the revenue commissioner to add the amount of the respective “weed and lot clearing liens” to the next regular bill for taxes levied against the respective lots and parcels of land, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency pursuant to Code of Alabama, Sections 11-51-40 through 11-51-74 (1975), as set forth in Code of Alabama, Section 11-67-1 et seq. (f) In the alternative, upon the property owner’s failure to pay the “weed and lot clearing lien”, and when a “weed and lot clearing lien” remains unpaid for six months, the city may foreclose and sale the lien as provided for, and subject to the limitations, found in Article V of this Chapter. (Ord. No. 24-074, Art. III, § 6, 7-5-88; Ord. No. 24-014, Art. III, § 6, 2-28-90) Division Three: Abatement of repeat overgrown high grass and weed nuisances. Section17. - Declaration of repeat high grass and weed nuisance. If the code official determines that a condition of overgrown high grass or weeds exists on any property in violation of this article and that the overgrown high grass or weeds on such property have previously been subject to abatement within the three (3) years immediately preceding such determination through the procedures as set forth in the foregoing sections of this Article and Code of Alabama, Section 11-67-1 et seq. , then the code official may declare the condition to be a nuisance. (Ord. No. 11-058-2015, § 1, 6-2-15) Section 18. - Resolution, publishing, notice-posting not required. The code official may make the determinations contemplated by section 9of this article without a resolution by the council declaring the condition to be a nuisance, without having to publish any notice in a newspaper or otherwise, and without posting notice on the property, and said declaration shall be final. (Ord. No. 11-058-2015, § 2, 6-2-15) Section 19. - Notification of owners. After the determinations contemplated by section 9 have been made, the mayor, or his or her designee, shall send a letter to the last known address of the property owner or owners by regular United States mail not less than ten (10) days prior to issuance of any order to abate the nuisance. The notice shall inform the owner or owners of all of the following: (1) That the mayor, or his or her designee, has declared the property to be a nuisance;
LAGNIAPPE LEGALS | 251.450-4466 | legals@lagniappemobile.com (2) That the city has previously abated a nuisance on the property within the previous three (3) years; (3) That the reasonable cost of the current abatement shall be assessed and collected as a special assessment and lien against the property; and, (4) That the property owner or owners may have the nuisance removed at their own expense prior to the arrival of the employees, contractors, or designees assigned by the city to abate the nuisance. (Ord. No. 11-058-2015, § 3, 6-2-15) Section 20. - Time period for notification. Following the expiration of ten (10) days after the letter required by section 19 has been sent, the code official may take such actions as are necessary to abate the nuisance. (Ord. No. 11-058-2015, § 4, 6-2-15) Section 21. - Abatement; Cost of abatement. For properties requiring repeated abatement of overgrown high grass and weeds as set forth in sections 17-20, the abatement shall be conducted as provided for in Section 10-15. Costs shall be determined according to the schedule set forth in section 12. The governing body shall confirm the costs of the abatement as set for the in section 16 and the costs of the abatement shall be assessed and collected as a special assessment and lien in the same manner as set forth in this article and consistent with the procedures set forth in Code of Ala. tit. 11, ch. 67. (Ord. No. 11-058-2015, § 7, 6-2-15) Secs.24 25. - Reserved.
CHAPTER 52, ARTICLE IV - ABATEMENT OF GENERAL REAL PROPERTY NUISANCES AND LOT MAINTENANCES
Section 1. - Title and purpose. This article is adopted pursuant to the authority of chapters 47 and 67 of title 11 of the Code of Alabama and shall be known and may be cited as the “Abatement of General Real Property Nuisances and Lot Maintenance Ordinance of the City of Mobile.” In order to serve public health, safety and welfare, the declared purpose of this article is to prohibit and order the abatement of certain public nuisances within the city which are defined by this article. Section2. - Definitions. As used herein: “Excluded properties” consists of heavily wooded areas, areas in their natural state (i.e., not previously developed in any manner), property under current construction and farm properties (except as designated elsewhere in this article). “Debris” is rubble, wreckage, ruins, litter and/or discarded, destroyed and scattered garbage, refuse or trash, whether organic matter or not. “Foul water” means water that has an offensive odor, is visibly filled with algae or is polluted with oil or other pollutants. “Front yard” means the yard extending across the entire width of the lot between the main building, including covered porches, and the front lot line; or if an official future street right-of-way line has been established, between the main building including covered porches and the right-ofway line. On corner lots, the narrower side shall be considered the front regardless of the location of the main entrance of the dwelling. Where both frontages of the lot are equal, the front yard shall be considered the side on which the majority of the lots front in the block. “Garbage” is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption. “Graffiti” means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the city council. “Graffiti implement” means an aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark or sign on any natural or manmade surface. “Household solid waste” is garbage and man-made solid waste generated on residential premises. “Junk” means all vehicles, vehicle parts, rubber tires, appliances, dilapidated furniture, machinery equipment, building material or other items which are either in a wholly or partially rotted, rusted, wrecked, junked, dismantled or inoperative condition. A vehicle will be considered inoperative for the purposes of this section if either (i) it is an “Inoperable Motor Vehicle” as defined in Article I, section 202 herein, or, (ii) it cannot be safely operated or if it is incapable of being moved under its own power or if it may not be legally operated due to lack of any legal requirement including an expired license plate. Junk vehicle is a vehicle with one (1) or more of the following characteristics: it is non-operating, abandoned, wrecked, or partially dismantled; or it has flat tires, or a missing engine, door(s), hood, windows or other missing body parts. “Improved subdivision” means a division of a tract of land or acreage into tracts or parcels, and the improvement thereof by construction of streets, water lines and, where applicable, sewer lines to serve the subdivided property. “Litter” is any garbage, refuse, noncontainerized man-
made solid waste, including but not limited to paper, plastic, diapers, cigarette butts, bottles, cans, glass, crockery, scrap metal, construction materials, rubbish, disposable packages or containers. “Liability” means responsibility for any damages that may occur during cutting and/or debris removal upon or from private property. “Occupant” is the owner, tenant or person in possession or charge of any house, building, store, shop, lot or premises. “Owner” is any person, agent, firm or corporation having legal title to the real property, including any mortgage holder, bank, lien holder, , company, institution, individual or other entity listed in the records of the Office of the Judge of Probate of Mobile County, and /or the estate of any deceased owner(s), and / or the last assessed owner in the property tax records of the Mobile County Revenue Commissioner. “Person” means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, business or any entity recognized by law. “Premises” are any buildings or real property. “Private property” is any real property owned by any person as defined herein. “Private contractors” means individuals or groups of individuals maintaining a current business license from the city for lawn and garden care in accordance with city license code section 229.2 and listed by resolution and approved by the city council. “Public access” means that the property to be cut/cleaned must have access to subject property from public road, right-of-way or easement without removing any fence or other surrounding structure. Access to subject property may be obtained via adjoining noninvolved property pursuant to Code of Alabama, Section 11-67-1 et seq. “Public nuisance” means any growth of weeds, scrub (wild) bushes and grass exceeding community standards, normally ten (10) inches in height and/or nonorganic debris that presents a fire hazard, a health hazard, a safety hazard or otherwise endangers surrounding areas. “Trash” is nonputrescible solid wastes consisting of yard clippings, leaves, wood, tree limbs and trunks, bedding, appliances, paper and cardboard, plastics, wood, wrappings, cans and similar materials. “Vacant lot” means any area of land that either has no structure upon it or has an unoccupied structure, whether that unoccupied structure be business or residential, upon the premises. A vacant lot will encompass adjoining and/ or included rights-of-way, easements, ditches and alleyways. Section 3; Duty to Maintain and Prevent. (a) It shall be the duty of any owner or occupant of any property within the city to keep the property free and clear of nuisances, including but not limited to the following: a. Abandoned, dilapidated, junked or wrecked motor vehicles; b. Ice boxes, refrigerators, or stoves; c. Rubbish, litter, trash, garbage, junk or refuse; d. Broken glass, abandoned building materials, building debris or rubbish, or abandoned household furniture or fixtures. e. Hereinafter and for the purposes of this article the nuisances set out in a. though d. above, shall be known collectively as “Junk, Litter and Debris”: (b) It shall be the duty of any owner or occupant of property within the City to at all times remove and, thereafter, prevent the accumulation of Junk, Litter and Debris on the property. (c) It shall be the duty of any owner or occupant of property within the city to at all times cut and mow the grass and weeds on their respective property and in the space between the property line and the curbline in front, rear and alongside thereof, so that neither grass nor weeds shall rise above the height of 10 inches, and shall cause the removal of any cuttings or mowings. (d) It shall be the duty of any owner or occupant of property within the city to at all times destroy and remove poison oak, poison ivy, poison sumac, or similar noxious plants or growths from their respective property. For purposes of the division, destroy shall mean the complete killing of the plants or growths above the surface of the ground by the use of chemicals, cutting, tillage or any combination of those methods that will effectively prevent the growth from maturing and spreading. (e) It shall be the duty of any owner or occupant whose property abuts a city right-of-way to keep any sidewalks and city right-of-way between the street and their property line mowed and free of Junk, Litter and Debris. Section 4. - Nuisance prevention standards. (a) It shall be the duty and responsibility of every property owner or occupant to keep the property clean and to remove from the property all such abandoned items as listed in section 2, including but not limited to weeds with a growth higher than ten (10) inches, fallen dead trees, garbage, etc. (b) Failure to comply with this article shall result in enforcement procedures pursuant to Section 12 and/or the property being declared a public nuisance and thereafter abated as provided for herein. (c) Any property where Junk, Litter and Debris has accumulated and presents a risk to public health or safety may be declared a public nuisance and thereafter abated as provided herein. (Ord. No. 24-074, Art. II, § 2f, 7-5-88; Ord. No. 24-014, Art. II, § 2f, 2-28-90; Ord. No. 25-032-2015, § 1, 3-17-15)
Section 5 – Keeping of junk vehicles. It shall be a violation of this article for any person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee, or otherwise, to allow any junk vehicle to remain on such property. Section 6. - Exempt properties. Property consisting of more than five (5) contiguous acres shall be considered farm property and exempt from cutting or mowing, except as hereinafter provided. Such designated farm property, when the property is not under cultivation for useful purposes, shall be required to maintain an area of fifty (50) feet (including any adjoining rightsof-way or easements) from the abutting property lines of any and all abutting residential or business property, and from adjoining public roads or streets, which area shall be in compliance as set forth above. Excluded properties shall also be exempt from the cutting or mowing requirements of this article.
described. The city council, by passage of the resolution, shall be deemed to have acquired jurisdiction to proceed and to perform or have performed the work of removal or abatement with respect to the property or part thereof. The decision of the city council on the matter shall be deemed final and conclusive. (c) If a timely objection is not filed with the city clerk or the code official or his representative or if the owner, occupant, lessee or person in control of the property fails to appear at the hearing, no additional public hearing will be held on an individual property and abatement of the nuisance will proceed and costs of the abatement assessed. In such instance, the city council shall be deemed to have acquired jurisdiction to proceed and either to perform or have performed the work of removal or abatement with respect to the property or part thereof and the decision of the city council shall be deemed final and conclusive.
Section 8. - Notice of public hearing to approve abatement and assess costs. (a) Whenever a condition prohibited by this article is found to exist on private property within the city, the code official shall declare the condition a public nuisance and cause a written notice to be mailed by first class mail to “Occupant” at the address of the property upon which the nuisance exists and to the owner of said property as the information is listed in the records of the Judge of Probate of Mobile County and the tax assessor or revenue commissioner. If the property is a vacant lot, written notice will be mailed by first class mail to the owner of said property as the information is listed in the records tax assessor or revenue commissioner. (b) Said notice shall contain the following: (1) A description of the real property, by street address or otherwise, on which the nuisance exists; (2) A direction to abate the nuisance within ten days from the date of the notice; (3) A description of the nuisance; (4) A statement that unless the nuisance is abated, the city will abate the nuisance and the cost of abatement may be assessed against the property and may be added to the next regular taxes levied against the property or the subject of a lien foreclosure action against the property; (5) The date of the regularly scheduled city council meeting in which a resolution will be presented to the city council to approve the abatement of the nuisance and authorize assessment of the cost of abatement; (6) A statement regarding the procedure for filing an objection to abatement of the nuisance and assessment of the cost of abatement against said property; (7) A statement that an administrative fee of $150.00 also shall be assessed upon the property if the nuisance is not abated within ten days of the notice to the owner and may be added to the next regular taxes levied against the property or included in a lien foreclosure action against the property; and (8) A statement that failure to abate the nuisance with ten days from the date of the notice may result in criminal prosecution. (c) In addition, a sign entitled “Notice to Abate Nuisance” shall be conspicuously posted on the property where the nuisance exists notifying the owner/occupant that a nuisance exists and that the city will take action to abate said nuisance if the nuisance is not abated within ten days.
Section 10. - Collection of nuisance or weed liens. (a) The code official shall keep an account of the cost of abating or removing a nuisance where the work is done by a city employee or a private contractor. (b) The amounts of the cost for abating the nuisance on the various parcels of land mentioned in the report shall hereinafter be referred to as “nuisance or weed liens,” and shall constitute a nuisance or weed lien against the property for the amount of the abatement of said nuisance. After confirmation of the reports, a copy shall be given to the appropriate official who is charged with the collection of taxes or assessments. It shall be the duty of said official to attempt to collect the “nuisance or weed liens” and /or add the costs of the respective nuisance or weed liens to the next regular bills for taxes levied against the respective lots and parcels of land subject to each nuisance or weed lien. Thereafter, the costs shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency. In cases where cost for the abatement has been paid for by another source other than the city, no nuisance or weed lien may be placed against the owner’s property. (c) The city may assess the abatement costs authorized against any lot or lots or parcel or parcels of land purchased by the state or any purchaser at any sale for the nonpayment of taxes and where an assessment is made against a lot or lots or parcel or parcels of land, a subsequent redemption thereof by a person authorized to redeem or sale thereof by the state, shall not operate to discharge, or in any manner affect the nuisance or weed lien for the assessment, but a person redeeming the property or purchaser at a sale by the state of any lot or lots or parcel or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale to the state or purchaser for the nonpayment of taxes, shall take the same subject to the assessment. (d) The City shall retain in all cases the ability to foreclose liens as provided for, and subject to the limitations therein, by Article V of this Chapter. Section 11. - Administrative cost of abatement. (a) If the nuisance is not abated within ten days of the date of the notice, there shall be an administrative fee $150.00, which shall be added to the actual cost for abatement of the nuisance and shall be included in the amount of the lien filed with the appropriate official who is charged with the collection of taxes or assessments. The administrative fee shall be assessed against the owner of the property even if the nuisance is not ultimately abated by employees of the city. The city may collect said fee through court action or any other lawful means; however, no lien may be placed against the owner’s property solely to recover administrative costs. (b) If the city initiates the removal and abatement of multiple nuisance conditions on the same property at the same time, only one administrative fee will be assessed.
Section 9. - Public hearing and objections to abatement of nuisance. (a) Filing of timely objection to condition declared a nuisance. (1) The owner, occupant, lessee or person in control of said property may file an objection to the declaration by the city that the condition constitutes a nuisance by notifying in writing the code official or his representative at least four business days prior to the date of the regular scheduled meeting of the city council for which the resolution ordering the abatement of the nuisance and assessing the cost of abatement has been scheduled. (2) The owner, occupant, lessee or person in control of said property shall also file the objection to the declaration by the city that the condition constitutes a nuisance by notifying in writing the city clerk’s office at least four business days prior to the date of the regular scheduled meeting of the city council for which the resolution ordering the abatement of the nuisance and assessing the cost of abatement has been scheduled. (b) The city council shall hear and consider all evidence, objections, and protests regarding whether or not the condition constitutes a nuisance and whether same should be ordered abated or removed. The city council may continue the hearing from time to time. Upon the conclusion of the hearing, the city council shall decide whether a public nuisance exists and, if so, shall order it to be removed or abated with respect to any property or part thereof
Section 12. Criminal Enforcement procedures. (a) A city police officer may choose to cite and release defendant for a violation of this article. The UNTCC shall serve as the charging instrument and shall be issued in accordance with Rule 20 of the Alabama Rules of Judicial Administration. (b) A code official or employees of the city, designated as municipal enforcement officers, may issue a municipal offense ticket (MOT) for a violation of this article. The person charged with a violation must, within the time period specified on the MOT, or within twelve (12) hours before the municipal court date shown on the MOT. (1) Appear in person before a magistrate, sign the plea of guilty waiver of rights on the MOT, and pay the fine and applicable court costs. The magistrate shall retain a copy of the ticket; or (2) Sign the plea of guilty waiver of rights provision on the MOT and mail or hand deliver to the clerk of the municipal court the signed page and payment for the amount of the fine and applicable court costs. Remittance by mail or hand delivery of the fine and costs constitutes a guilty plea and waiver of trial, even if the “plea of guilty waiver of rights” provision on the ticket has not been signed by the defendant. If the amount sent is insufficient, then the money received by the clerk shall be considered to be a partial payment of the penalty, and it shall be applied by the clerk to the fine and costs, and shall be deposited as required by law. The clerk may give notice of the insuffi-
Section 7. - Right of entry for inspection. Whenever the code official of the city has reasonable cause to believe that a condition prohibited by this article exists, employees and duly authorized agents of the code official shall have the right to enter the private property in question for the purpose of inspecting the property. Reasonable cause may be established by, but is not limited to, the filing of an oral or written complaint with the city.
ciency, and a supplemental summons or warrant of arrest shall be issued for the defendant’s arrest, and a judgment shall be entered by the magistrate for the balance due; or (3) Sign the MOT and agree to appear in court on the date and at the time shown on the MOT to protest the charges. If the defendant fails to appear, the municipal court may, in its discretion, issue further notice or a supplemental summons or warrant of arrest. (c) The code official or employees of the city, designated as municipal enforcement officers, who observe violations of this article are further authorized to appeal before a magistrate and request a summons or warrant to be issued pursuant to Rule 3.1 of the Alabama Rules of Criminal Procedure. (Ord. No. 24-019, Art. II, § 1, 2-2-88; Ord. No. 25-063, 1019-99; Ord. No. 25-063, 10-19-99; Ord. No. 25-054-2006, 11-28-06; Ord. No. 25-018-2014 , 6-25-14; Ord. No. 25-0502015 , § 1, 5-12-15) Section 13. Notice of Violation. A code official or enforcement officer may issue a notice of violation, as more fully described in Article I, Section 107, to owners or occupants found to be in violation of any of the provisions of this article. It shall be a violation of this article for any owner or occupant of property in the city limits who receives a notice of violation to fail or refuse to undertake corrective action necessary to remedy the violation within the time permitted. The issuance of a notice of violation is not required prior to the issuance of an MOT or UNTCC. (Ord. No. 24-019, Art. II, § 2, 2-2-88; Ord. No. 25-0542006, 11-28-06; Ord. No. 25-018-2014 , 6-25-14; Ord. No. 25-050-2015 , § 1, 5-12-15) Section 14. – Fines and Penalties. (a) It shall be unlawful for any person to violate any provision of this chapter. (b) Knowing violation of article. For any violation of this article that is committed knowingly, the fine shall be two hundred fifty dollars ($250.00), or imprisonment for up to three (3) months, or a combination thereof. (c) Other violations of article. For all violations of this article that are not subject to paragraph (b) above, the fine shall be one hundred dollars ($100.00), or imprisonment for up to thirty (30) days, or a combination thereof. (d) Each day a violation of this article is committed or permitted to continue shall constitute a separate offense. (e) Any person who appears in municipal court and is found guilty of a violation of this chapter may, in the discretion of the court, be punished by a fine of up to two hundred fifty dollars ($250.00) or imprisonment of up to three (3) months, or a combination thereof; or, in the alternative, may be subject to any lawful order including without limitation, community service or remedial action, including but not limited to picking up litter. (f) A schedule of fines for violations of this article shall be published in the municipal court magistrate’s fine schedule, which appears at section 1-32 of the City Code. (Ord. No. 24-019, Art. II, § 4, 2-2-88; Ord. No. 25-0542006, 11-28-06; Ord. No. 25-018-2014 , 6-25-14; Ord. No. 25-050-2015 , § 1, 5-12-15) Section 15. - Right to appeal. A person found liable by the City of Mobile Municipal Court for a violation of this article may appeal within 14 days to Mobile County Circuit Court for trial de novo. (Ord. No. ______________________) Section 16. - Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. (Ord. No. ______________________)
CHAPTER 52,ARTICLE V: AUTHORITY TO FORECLOSE CODE ENFORCEMENT LIENS
Section 1. Purpose and Effective Date a) The lien foreclosure provisions authorized by Code of Alabama, Sec. 11-40-60-69 (1975) shall apply to the collection of any municipal code liens arising from code enforcement actions as to real property, other than owner occupied property, in the municipality. b) The effective date for application of these procedures is thirty days beyond the date of enactment of this ordinance by the governing body. c) The lien foreclosure provisions adopted herein shall not apply to owner occupied property. d) Proceedings in accordance with Section 11-40-60, et. seq., of the Code of Alabama (1975) are designed solely to enforce the municipal code lien for real property subject to the municipal code lien and shall not constitute an action for personal liability for the municipal code liens against the owner or owners of the real property. e) The right to pursue a lien foreclosure arising from enforcement of any provisions of Chapter X, Articles I-IV, is available solely to the City and shall not extend to any nongovernmental transferee of municipal code liens. Section 2. Specific Applicability. The City is hereby authorized to initiate judicial en rem foreclosure proceedings as provided by “Class 2 Municipalities – Building Regulations”, Section 11-40-60-69, Code of Alabama (1975). Real property within the municipal limits subject to the judicial in rem foreclosure procedures
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 43
LAGNIAPPE LEGALS | 251.450-4466 | legals@lagniappemobile.com as authorized by Section 11-40-60-69, Code of Alabama, includes the following: a) real property the subject of code enforcement as provided for in Article I of this Chapter, where the amount of fines, violations, and costs exceed $1800 within a 18 month time period and have remain unpaid for six months following the date upon which the municipal code lien was recorded in the office of the probate judge; b) real property the subject of nuisance abatement as provided for in Article II of this Chapter, where the costs associated with the abatement have been fixed by city council resolution and have remain unpaid for six months following the date upon which the municipal code lien was recorded in the office of the probate judge, c) real property the subject of weed abatement as provided for in Article III of this Chapter where the abatement amount exceeds $1800 dollars within a 18 month time period, the costs associated with the abatement have been fixed by city council resolution and have remain unpaid for six months following the date upon which the municipal code lien was recorded in the office of the probate judge; d) real property the subject of general nuisance abatement and enforcement proceedings as provided for Article IV of this Chapter, where the amount of fines, violations, and costs exceed $1800 within a 18 month time period and have remain unpaid for six months following the date upon which the municipal code lien was recorded in the office of the probate judge; e) any real property the subject of code enforcement, nuisance abatement, general nuisance abatement or weed abatement proceedings in accordance with this Chapter, located within a “redevelopment project area”, and where the municipal code lien has remain unpaid for six months following the date upon which the municipal code lien was recorded in the office of the probate judge; f) any real property the subject of code enforcement, nuisance abatement, general nuisance abatement or weed abatement proceedings in accordance with this Chapter and where the real property is also tax delinquent; and, g) any real property the subject of code enforcement, nuisance abatement, general nuisance abatement or weed abatement proceedings in accordance with this Chapter where a lien foreclosure action may serve a public purpose, or allow the property the subject of the lien foreclosure action to be used for a public purpose upon completion of the foreclosure action, irrespective of the amount of the municipal lien payoff. h) The Department responsible for enforcement of this Chapter shall adopt policies and procedures which further detail and determine which properties are subject to which enforcement actions, the sequence of the various efforts by department staff members to achieve compliance with Articles I - IV and remedies to be sought when resolution has not been achieved. Section 2. Definitions. As used in this Chapter, the following words and phrases shall have the following meanings: (1) ADJOINING PROPERTY OWNERS means any owners adjacent to property the subject of these procedures that shares a boundary line and/or owners who are members or participants in the neighborhood association, community action group, or community development corporation or similarly-situated advisory group wherein the property is located. (2) INTERESTED PARTY. Includes the following parties: a. The person who last appears as owner of the real property in the county office of the judge of probate’s property records. b. The current mortgagee of record of the property or assignee of record of the mortgagee. c. The current holder of a beneficial interest in a deed of trust recorded against the real property. d. A tax certificate holder. e. A tax sale purchaser that holds a deed of purchase in accordance with Section 40-10-29 of the Code of Alabama 1975. f. Any party having an interest in the real property, or in any part thereof, legal or equitable, in severalty or as tenant in common, whose identity and addresses are reasonably ascertainable from the records of the Class 2 municipality or records maintained in the county office of the judge of probate or as revealed by a full title search, consisting of 50 years or more. g. An Interested Party shall not include the holder of the benefit of an easement which burdens the real property, the holder of the benefit or burden of a real covenant which burdens the real property, or the holder of the benefit of a utility easement which burdens the real property. (3) MINIMUM BID PRICE. The price that equals the Redemption Amount. (4) MUNICIPAL CODE LIEN. Any lien that has been levied against real property by the City that is the result of the non-payment of any fine, penalty, abatement cost, or enforcement cost incurred by the City related to the enforcement of the provisions Articles I-IV of this Chapter. Such lien shall include only those liens which arise out of a failure to comply with any of the provisions of Articles I-IV of this Chapter. A municipal code lien shall not include any lien that has previously been certified to the tax collector of the county for inclusion on the property tax bill associated with the real property, such as those liens certified under Section 11-67-8 of the Code of Alabama 1975. (5) MUNICIPAL CODE LIEN PAYOFF. The principal amount of a municipal code lien, interest accrued at the rate of seven and one-half percent per annum from the date the
municipal code lien was filed in the office of the judge of the probate, any fees or costs incurred in the collection of such a lien under this act including, without limitations, the cost of title examinations and publication of notices, and any other penalties allowable under either state law or under an ordinance or resolution enacted by the City. (5) OWNER OCCUPIED. Real property that is lawfully occupied as a principal residence that is any of the following: a. A homestead as described in Section 40-9-19 of the Code of Alabama 1975. b. Exempt from ad valorem taxation under Sections 40-919.1, 40-9-20, and 40-9-21 of the Code of Alabama 1975. c. Eligible for the designations listed in paragraphs a. or b., but which has not yet been granted such designation and which is lawfully occupied by the family of a deceased individual. (6) REDEMPTION AMOUNT. The sum of (1) the full amount of the municipal code lien payoff for each municipal code lien on which the City is seeking to foreclose under this Chapter, and as authorized by Ala. Code 11-40-60, and (2) any tax payoff that may be applicable to the property on which the City is seeking to foreclose under this Chapter. (7) TAXES. Those taxes assessed against real property by either the State of Alabama, Mobile County, or the City that are delinquent, as defined in Section 40-11-4 or Section 11-51-2 of the Code of Alabama 1975, as of the date a proceeding under Section 11-40-60 of the Code of Alabama is commenced or at any time before final resolution of the same, and shall also include any taxes assessed against real property that are unpaid from any previous year and any amounts required for redemption under Section 40-10-82, 40-10-120, or Section 11-51-23 of the Code of Alabama 1975. As provided in Section 11-51-6 of the Code of Alabama 1975, a lien for taxes shall be superior to all other liens, including municipal code liens. Section 3. Owner Occupied Properties Owner-occupied properties are excluded from the application of the judicial in rem foreclosure procedures as authorized by this Section. When Owner-occupied properties are the subject of code enforcement actions as provided for in Articles I-IV, the City shall provide all notices as required by the applicable code section. In addition, the Department shall refer owners to a list of support services, to be kept current and on file within the Department. These services include, but are not limited to, opportunities for grantfunded assistance for repairs to the property, legal services related to title issues or estate planning, and coordination with various social service or volunteer agencies who may be of assistance. Section 4. Priority of Liens. Notwithstanding any law to the contrary, any fees, penalties and abatement costs imposed against property other than owner occupied real property for violations of any provisions of Art. I-IV of this Chapter may be enforced in rem as a lien in accordance with Section 40-10-60, Code of Alabama (1975). Every municipal code lien, as defined in this Chapter, shall be superior to all other liens, except those liens for taxes described or referenced in Section 11-51-6, Code of Alabama (1975). Section 5. Timeline; Filing Petition for Foreclosure; a) Six months following the date upon which a municipal code lien has been recorded against a property with the office of the Probate Judge of Mobile County, the City may commence a judicial in rem foreclosure and sale of the property in accordance with Code of Alabama, Section 1140-60, et. seq. (1975); b) Sixty days prior to the filing of the petition, the City shall notify all other taxing agencies within the jurisdiction of the municipality, and the State of Alabama of the City’s intention to file a petition for judicial in rem foreclosure of the real property on which a municipal code liens exists. Upon notification, the Revenue Commissioner shall provide the tax payoff amount to the City. c) A petition for judicial in rem foreclosure may include any other municipal code lien that has been filed prior to the date the petition is filed. After foreclosure proceedings have commenced, the proceedings may be amended to include any subsequently arising municipal code liens and, if applicable, any and all taxes as defined in this Section. Section 6. Redemption of property. At any point prior to the judicial en rem foreclosure and sale, any interested party may redeem the real property from the sale by payment of the redemption amount. Payment shall be made to the City. Following receipt of the payment, the City shall cease all proceedings to foreclose the municipal lien. Section 7. Municipality as Bidder. The City, in the absence of any bid higher than the minimum bid price at the sale as ordered by the court, shall be the default purchaser of the property at the sale. The City shall tender the amount due to the court as required by Section 11-40-68 of the Code of Alabama (1975). Section 8. Input from Adjoining Property Owners. Along with all notice required by law to the interested parties, prior to filing a judicial en rem foreclosure action, the City shall notify all adjoining property owners and / or the neighborhood association, community action group, or community development corporation or similarly-situated advisory group wherein the property is located of its intent
44 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
to file the action. Prior to the sale, the City shall notify the same. If the property defaults to the City at the conclusion of the sale, the City shall seek input from the same as to the final disposition of the property. Any future disposition will be made in accordance with the policies and procedures maintained by the Department or in accordance with a redevelopment project plan as required by Article VI of this Chapter.
CHAPTER 52 – ARTICLE VI: REDEVELOPMENT PROJECT AREAS
Section 1. Findings and Purpose. (a) The City Council of Mobile has found and declared: (1) That there exist in the city blighted areas, as defined herein, or areas in the process of becoming blighted; (2) That such areas impair economic values and tax revenues, cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the city, and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (3) That restoration, clearance, re-planning, and/or rebuilding of these areas and the prevention or the reduction of blight and its causes are public uses and purposes for which public money may be spent and private property acquired and are considered governmental functions of state and city concern; (4 That redevelopment activities will stimulate residential construction which is closely correlated with general economic activity and that the undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; and (5) That it is in the public interest that advance preparation for such projects and activities be made now. (b) The necessity in the public interest for this chapter is hereby declared as a matter of legislative determination. Section 2. Powers; acquisition and redevelopment of blighted property; Limitations on eminent domain; definition of “blighted property.” (a) The city may carry out any work or undertaking, hereafter called a “redevelopment project”: (1) To acquire blighted property as defined in subsection (c). (2) To acquire other real property for the purpose of removing, preventing, or reducing blight, blighting factors, or the causes of blight. (3) To clear any areas acquired and install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses that are in accordance with an approved redevelopment project. (4) To sell or lease land so acquired for uses in accordance with approved redevelopment projects. (5) To accomplish a combination of the foregoing to carry out a redevelopment project. (6) To undertake redevelopment and urban renewal projects to clean up and prevent blighted areas or slums; and, when a public purpose will be served by the conveying of property for nominal consideration, the city council may make such grants. (b) Notwithstanding any other provisions of this chapter, a redevelopment project may include property that is not blighted, but the power of eminent domain shall not be exercised to acquire property that is not blighted without the consent of the owner. (c) For the purposes of this section, the term “blighted property” means property that contains any of the following factors: (1) The presence of structures, buildings, or improvements, which, because of dilapidation, deterioration, or unsanitary or unsafe conditions, vacancy or abandonment, neglect or lack of maintenance, inadequate provision for ventilation, light, air, sanitation, vermin infestation, or lack of necessary facilities and equipment, are unfit for human habitation or occupancy. (2) The existence of high density of population and overcrowding or the existence of structures which are fire hazards or are otherwise dangerous to the safety of persons or property or any combination of the factors. (3) The presence of a substantial number of properties having defective or unusual conditions of title which make the free transfer or alienation of the properties unlikely or impossible. (4) The presence of structures from which the utilities, plumbing, heating, sewerage, or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use. (5) The presence of excessive vacant land on which structures were previously located which, by reason of neglect or lack of maintenance, has become overgrown with noxious weeds, is a place for accumulation of trash and debris, or a haven for mosquitoes, rodents, or other vermin where the owner refuses to remedy the problem after notice by the appropriate governing body. (6) The presence of property which, because of physical condition, use, or occupancy, constitutes a public nuisance or attractive nuisance where the owner refuses to remedy
the problem after notice by the appropriate governing body. (7) The presence of property with code violations affecting health or safety that has not been substantially rehabilitated within the time periods required by the applicable codes. (8) The presence of property that has tax delinquencies exceeding the value of the property. (9) The presence of property which, by reason of environmental contamination, poses a threat to public health or safety in its present condition. Section 3. Powers under other housing laws; contracts; issuance of bonds and other obligations; eminent domain. In undertaking such redevelopment projects, the city may exercise all the rights, powers, privileges, and immunities that it has under Code of Ala., Title 24, Chapter 1 and any other provision of law relating to slum clearance and housing projects for persons of low income, including, without limiting the generality of the foregoing, the power to make and execute contracts, to issue bonds and other obligations and give security therefor, to acquire real property by donation, purchase, or eminent domain and to do any and all things necessary to carry out projects in the same manner as though all the provisions of law applicable to slum clearance and housing projects were applicable to redevelopment projects undertaken under this chapter; provided, that nothing contained in Code of Ala., § 24-1-6 shall be construed as limiting the power of the governing body, in the event of a default by a purchaser or lessee of land in a redevelopment project area, to acquire property and operate it free from the restrictions contained in said section. Section 4. Approval of redevelopment project area plan; assistance for redevelopment projects. The city shall not initiate any redevelopment project under this chapter until the City Planning Commission and, thereafter, the City Council have approved a plan, herein called a “redevelopment project area plan,” which provides an outline for the development or redevelopment of said redevelopment project area and is sufficiently complete: (a) To indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements; (b) To indicate proposed land uses and building requirements in the area; and (c) To indicate the method for the temporary relocation of persons living in such areas and also the method for providing, unless already available, decent, safe, and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from said area, at rents within the financial reach of the income groups displaced from such substandard dwellings. The city may also cooperate with and assist the city housing authority with respect to projects that the city housing authority proposes pursuant to Code of Ala., Title 24, Chapter 1, Article 2 or any other provision of law for the purpose of addressing slum clearance and housing projects in the same manner as though the provisions of such laws were applicable to redevelopment projects undertaken under this chapter. Section 5. Advisory board. For the purpose of coordinating its activities and undertakings under this chapter with the needs and undertakings of other local organizations and groups, the city may establish an advisory board made up of sufficient members to represent so far as practicable: community development corporations or similarly-situated non-profits; neighborhood groups and / or neighborhood-based advocates; the general public and consumers of housing; general business interests; real estate, building and home financing interests; labor; any official planning body in the locality; and church and welfare groups. The members of the advisory board shall be appointed by the mayor who shall serve as the chairman of the advisory board. Section 6. Project lands; sale or lease. (a)The city may make land in a redevelopment project area available for use by private enterprise or public agencies in accordance with its approved redevelopment project area plan. Such land may be made available at its use value, which represents the value, whether expressed in terms of rental or capital price, at which the city determines such land should be made available in order that it may be developed or redeveloped for the purposes specified in such plan. (b) To assure that land acquired in a redevelopment project is used in accordance with the redevelopment project area plan, the governing body upon the sale or lease of such land, shall obligate purchasers or lessees: (1) To use the land for the purpose designated in the redevelopment project area plan; (2) To begin the building of their improvements within a period of time which the authority fixes as reasonable; and (3) To comply with such other conditions as are necessary to carry out the purposes of this chapter. (c) Any such obligations by the purchaser shall be covenants and conditions running with the land where the city so stipulates.
Section 7. Acquisition through donation, foreclosure, or purchase and disposition for “nominal consideration.” The city may acquire and redevelop properties within a redevelopment project area for residential, commercial, institutional, recreational and/or industrial uses through voluntary donation, purchase, mortgage foreclosure, and/ or eminent domain; however, use of eminent domain authority is limited according to section 2 and 3 of this Article. (a) The city may accept the donation of properties or may purchase properties and the improvements thereon from private owners or from institutional owners, including the State of Alabama, for reuse or redevelopment after approval by the governing body. (b) Disposition for “nominal consideration” results from the city’s having mitigated all blighting conditions on individual properties, rendering them suitable for redevelopment or re-use, including, if necessary, mitigation of environmental contamination. The amount of the nominal consideration to be received in the disposition of the property and improvements thereon must be approved by the governing body in advance of execution. Section 8. Tax status of project lands sold or leased to private individuals or corporations for redevelopment. Any property which the city leases to private individuals or corporations for development under a redevelopment project area plan shall have the same tax status as if such leased property were owned by such private individuals or corporations. Section 9. Federal financial aid. The city may borrow money or accept contributions from the federal government to assist in its undertaking of redevelopment projects and may do any and all things necessary or desirable to secure such financial aid, including obligating itself in any contract with the federal government for annual contributions to convey to the federal government the project to which said contract relates, upon the occurrence of a substantial default thereunder, in the same manner as it may do to secure such aid in connection with slum clearance and housing projects under the provisions of this title. Section 10. Investment by the city in bonds issued by housing authorities. Bonds or other obligations issued by the city in connection with a redevelopment project pursuant to this chapter, shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, and other bodies and officers as bonds or other obligations issued pursuant to this title in connection with the development of slum clearance and housing projects. Section 11. Redevelopment Project Areas. For the purposes of this chapter and as identified on the official Census Maps, the following tracts and block groups are hereby determined to constitute the established redevelopment project area: Tract
Block Group
Location Description
4
1
The Campground / MLK Heritage Neighborhood
4
2
Fisher / Owens
5
7
Lafayette Heights / MLK Heritage Neighborhood 1 and 2
Toulminville
26
Crichton, north of Spring Hill Ave
27
Crichton, south of Spring Hill Ave
39
1 and 2
Trinity Gardens
13
2
Oakdale
14
Oakdale and Maysville
15
1 and 2
Maysville and RV Taylor
23
1
Riviera
22
Navco
19
2
McVoy / Gill Road
64
2
Mobile Terrace Lagniappe HD Dec. 20, 2017
LAGNIAPPE LEGALS | 251.450-4466 | legals@lagniappemobile.com FORECLOSURES FORECLOSURE NOTICE Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Dianne H. Nobles and Charles Edward Nobles, wife and husband to Mortgage Electronic Regitrations Systems, Inc. (MERS) acting solely as nominee for Lender, Ameritrust Mortage Inc., and Lender’s successor and assigns dated May 16, 2008, and Recorded in RLPY Book 6384, Page 1743 of the records in the Office of the Judge of Probate, Mobile County, Alabama, which said mortgage was subsequently assigned to Flagstar Bank, FSB by instrument recorded in Book 6904, Page 9 of said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on the February 15, 2018, at the front door entrance of the Courthouse of Mobile County, Alabama, 205 Government Street, Mobile, Alabama 36602, the following described real property in the County of Mobile, State of Alabama, being the same property described in the above referred to mortgage: FROM THE SOUTHWEST INTERSECTION OF HOWELL AVENUE AND JEMISON STREET AS SHOWN ON THE PLAT OF CESSNA PLACE, FIRST ADDITION, AS RECORDED IN MAP BOOK 5, PAGE 524, OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE. MOBILE COUNTY, ALABAMA, RUN THENCE SOUTH 2 DEGREES, 29 MINUTES EAST ALONG THE WEST RIGHT-OF-WAY LINE OF JEMISON STREET 283.8 FEET; THENCE SOUTH 14 DEGREES, 33 WEST ALONG THE WEST RIGHT-OF-WAY OF JEMISON STREET 40 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF FAIRWAY DRIVE; THENCE NORTH 75 DEGREES, 27 MINUTES WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF FAIRWAY DRIVE 87 FEET; THENCE SOUTH 88 DEGREES, 28 MINUTES WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF FAIRWAY DRIVE 29 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; CONTINUE SOUTH 88 DEGREES 28 MINUTES WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF FAIRWAY DRIVE 81 FEET TO A FENCE LINE BEING ON THE EAST LINE OF PROPERTY CONVEYED TO ARLENE H. GRIFFITH BY DEED RECORDED IN DEED BOOK 723, PAGE 739; THENCE NORTH 0 DEGREES, 27 MINUTES WEST ALONG SAID FENCE LINE (BEING THE EAST LINE OF ARLENE H. GRIFFITH’S PROPERTY) 208.20 FEET TO THE NORTHEAST CORNER OF ARLENE H. GRIFFITH’S PROPERTY; THENCE SOUTH 70 DEGREES, 27 MINUTES EAST 67 FEET; THENCE SOUTH 6 DEGREES, 02 MINUTES EAST 184.4 FEET TO THE POINT OF BEGINNING. 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 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 the probate where the above-described property is situated. This property will be sold without warranty or recourse, expressed or implied as to title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto. Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee. 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 mortgagee. Flagstar Bank, FSB Mortgagee. William McFadden McFadden, Rouse & Bender, LLC 718 Downtowner Blvd. Mobile, AL 36609 Lagniappe HD December 20, 27, January 3, 2018
FORECLOSURE Default having been made by the herein referenced Grantee in the terms of that certain Vendor’s Lien Deed executed on March 14, 2016, by Patricia M. Harbison, as Grantee to Iras Development Company Inc., an Alabama corporation, as Grantor which said Vendor’s Lien Deed was recorded in the Office of the Judge of Probate, Mobile County, Alabama, in Real Property Book LR7359, Page 968, and said vendor’s lien having been last assigned to W. Austin Mulherin, which assignment was recorded in the office of the Judge of Probate Mobile County Alabama in Real Property Book LR7366, Page 799, and default continuing under said Vendor’s Lien Deed, by virtue of and pursuant to the power of sale contained in said Vendor’s Lien, the following described real property will be sold at public outcry, for cash, to the highest bidder, in front of the North entrance of the Courthouse of said County, located at 205 Government Street, Mobile, Alabama 36644, during the legal hours of sale, on January 10, 2018. Lot 229 as per plat of RAMSEY ESTATES, UNIT XI, as recorded in Map Book 118, Page 52, Probate Court of Mobile County, Alabama, INLCUDING A 1994 Belmont Mobile Home VIN #MSB942868S12263 + MSB94286852SN12263. Said sale is made for the purpose of paying said Vendor’s Lien debt and costs of foreclosure. W. Austin Mulherin Holder of said Vendor’s Lien WILLIAM B. JACKSON, II STOKES & CLINTON, P.C. Attorneys for Lienholder Post Office Box 991801 Mobile, Alabama 36691 (251) 460-2400 Lagniappe HD Dec. 6, 13, 20, 2017
FORECLOSURE Default having been made by the herein referenced Grantee in the terms of that certain Vendor’s Lien Deed executed on February 13, 2015, by Ethel L. Nettles, as Grantee to Burlington Inc., an Alabama corporation, as Grantor which said Vendor’s Lien Deed was recorded in the Office of the Judge of Probate, Mobile County, Alabama, in Real Property Book LR7234, Page 1565, and said vendor’s lien having been last assigned to EMON, LLC, which assignment was recorded in the office of the Judge of Probate Mobile County Alabama in Real Property Book LR7274, Page 1868, and default continuing under said Vendor’s Lien Deed, by virtue of and pursuant to the power of sale contained in said Vendor’s Lien, the following described real property will be sold at public outcry, for cash, to the highest bidder, in front of the North entrance of the Courthouse of said County, located at 205 Government Street, Mobile, Alabama 36644, during the legal hours of sale, on January 10, 2018. Lot 14 as per plat of BURLINGTON, UNIT II, as recorded in Map Book 87, Page 51, Probate Court of Mobile County, Alabama, including (12 x 60) Mobile Home Said sale is made for the purpose of paying said Vendor’s Lien debt and costs of foreclosure. EMON, LLC Holder of said Vendor’s Lien WILLIAM B. JACKSON, II STOKES & CLINTON, P.C. Attorneys for Lienholder Post Office Box 991801 Mobile, Alabama 36691 (251) 460-2400 Lagniappe HD Dec. 6, 13, 20, 2017
PUBLIC NOTICE DISTRICT COURT OF ALABAMA, MOBILE COUNTY CASE NO. DV-2017-901785 MARKS FURNITURE COMPANY, INC., d/b/a La-Z-Boy Furniture Galleries, Plaintiff, vs. DARRELL W. REED JR., Defendant CLAIM: $6,116.45 FOR: Goods sold and delivered, under contract, account, account stated. Affidavit having been filed herein that service of process cannot be made because either the residence of defendant is unknown and cannot with reasonable diligence be ascertained or the identity of defendant is unknown or the resident defendant has been absent for more than thirty days since the filing of this suit, or that defendant avoids service and avers facts showing such avoidance. NOW, THEREFORE, SAID DEFENDANT IS HEREBY COMMANDED WITHIN THIRTY (30) DAYS AFTER THE LAST PUBLICATION HEREOF TO PLEAD TO THE SAID COMPLAINT ISSUED: December 7, 2017. J.J. Schwarzauer/ Bal CLERK, DISTRICT COURT OF ALABAMA, MOBILE COUNTY. ATTORNEY FOR PLAINTIFF J. PATRICK COURTNEY III Law Offices of J. Patrick Courtney III P. O. Box 2205 1 North Royal Street Mobile, AL 36652-2205 251/694-1001 Lagniappe HD December 20, 27, 2017, January 3, 10, 2018.
NOTICE OF PUBLIC HEARING BOARD OF ZONING ADJUSTMENT MOBILE, ALABAMA PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF MOBILE, adopted the 16th day of May 1967, as amended, the City of Mobile’s Board of Zoning Adjustment will hold a Public Hearing on January 8, 2018 at 2:00 p.m. to consider a request at 149 Batre Lane (Southeast corner of Batre Lane and Avalon Street) for a Side Street Side Yard Setback Variance to allow an existing masonry wall taller than 3’ and the construction of an addition to an existing dwelling within the Side Street, Side Yard Setback of a corner lot in an R-1, Single-Family Residential District; the Zoning Ordinance does not allow masonry walls taller than 3’ or any structures within the Side Street, Side Yard Setback of a corner lot in an R-1, Single-Family Residential District. The meeting will be held in the Auditorium at 205 Government Street, Mobile, Alabama. This notice is to advise you of the public hearing so that you may attend the meeting and present your views to the Board concerning this request. Dated this 18th day of December, 2017. BOARD OF ZONING ADJUSTMENT Lagniappe HD Dec. 20, 27, 2017
NOTICE OF PUBLIC HEARING BOARD OF ZONING ADJUSTMENT MOBILE, ALABAMA PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF MOBILE, adopted the 16th day of May 1967, as amended, the City of Mobile’s Board of Zoning Adjustment will hold a Public Hearing on January 8, 2018 at 2:00 p.m. to consider a request at 5701 Old Shell Road (Southwest corner of Old Shell Road and South University Boulevard) for a Sign Variance to allow a second wall sign for a tenant on a multi-tenant site in a B-2, Neighborhood Business District; the Zoning Ordinances allows one wall sign per tenant, per street frontage on a multi-tenant site in a B-2, Neighborhood Business District. The meeting will be held in the Auditorium at 205 Government Street, Mobile, Alabama. This notice is to advise you of the public hearing so that you may attend the meeting and present your views to the Board concerning this request. Dated this 18th day of December, 2017. BOARD OF ZONING ADJUSTMENT Lagniappe HD Dec. 20, 27, 2017
NOTICE OF PUBLIC HEARING BOARD OF ZONING ADJUSTMENT MOBILE, ALABAMA PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF
MOBILE, adopted the 16th day of May 1967, as amended, the City of Mobile’s Board of Zoning Adjustment will hold a Public Hearing on January 8, 2018 at 2:00 p.m. to consider a request at 151 North Royal Street (Northwest corner of North Royal Street and Saint Louis Street) for a Use Variance to allow the permanent installation of a 160’ tall cellular communications tower in the parking lot of a commercial building in a T-6 District within the Downtown Development District; the Zoning Ordinance does not allow cellular communications towers within the Downtown Development District. The meeting will be held in the Auditorium at 205 Government Street, Mobile, Alabama. This notice is to advise you of the public hearing so that you may attend the meeting and present your views to the Board concerning this request. Dated this 18th day of December, 2017. BOARD OF ZONING ADJUSTMENT Lagniappe HD Dec. 20, 27, 2017
NOTICE OF PUBLIC HEARING BOARD OF ZONING ADJUSTMENT MOBILE, ALABAMA PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF MOBILE, adopted the 16th day of May 1967, as amended, the City of Mobile’s Board of Zoning Adjustment will hold a Public Hearing on January 8, 2018 at 2:00 p.m. to consider a request at 7054 Howells Ferry Road (Northeast corner of Howells Ferry Road and Cody Road North) for a Sign Variance to allow a second wall sign for a tenant on a multi-tenant site in a B-2, Neighborhood Business District; the Zoning Ordinances allows one wall sign per tenant, per street frontage on a multi-tenant site in a B-2, Neighborhood Business District. The meeting will be held in the Auditorium at 205 Government Street, Mobile, Alabama. This notice is to advise you of the public hearing so that you may attend the meeting and present your views to the Board concerning this request. Dated this 18th day of December, 2017. BOARD OF ZONING ADJUSTMENT Lagniappe HD Dec. 20, 27, 2017
NOTICE OF COMPLETION In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Double AA Construction Company, LLC Contractor, has completed the Contract for Construction of Re-Roofing Main Building and Canopy Work W.P. Davidson High School 3900 Pleasant Valley Road Mobile, Alabama 36609 for the State of Alabama and the County of Mobile, Public Schools Owner(s), and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify Goodwyn, Mills and Cawood Architects 11 North Water Street, Mobile, Alabama 36602. Double AA Construction Company, 8735 Lott Road, Wilmer, AL 36587 Lagniappe HD Dec. 13, 20, 27, 2017 January 3, 2018
ADVERTISEMENT FOR BIDS REQUEST FOR PROPOSALS FOR TRANSIT MANAGEMENT SERVICES The City of Mobile is soliciting proposals from qualified firms for the management and operation of its public transportation organization known as “The Wave Transit System”. Deadline for proposals is January 08, 2018. To obtain a copy of the RFP, please visit the City’s Bid Opportunities page at www.cityofmobile.org/bids Lagniappe HD Dec. 13, 20, 27, 2017 Jan. 3, 2018
PROBATE NOTICE OF COURT PROCEEDING November 15, 2017 Case No. 2015-1791-1 IN THE PROBATE COURT OF MOBILE COUNTY, ALABAMA Estate of MARTHA SANDERS COURSEY, Deceased On to-wit the 8th day of January, 2018 at 2:00 PM in COURTROOM 1, THIRD FLOOR, Mobile County Government Center Annex, 151 Government Street the court will proceed to consider the Petition for Final Settlement as filed by TERRILL W. SANDERS. NOTICE is hereby given to all parties in interest who may appear and contest same or file a proper responsive pleading thereto if they then think proper. DON DAVIS, Judge of Probate. Lagniappe HD Dec. 6, 13, 20, 27, 2017
NOTICE OF ESTATE ADMINISTRATION PROBATE COURT OF MOBILE COUNTY, ALABAMA Estate of: FRANCES S. YOUNCE, Deceased Case No. 2017-2034 Take notice that Letters Testamentary have been granted to the below named party on the 29th day of November, 2017 by the Honorable Don Davis, Judge of Probate of Mobile County Probate Court, Alabama and that all parties having claims against said estate should file the same with the Probate Court of said county within the time allowed by law, or they will be barred. NANCY M. RODRICK as Executrix under the last will and testament of FRANCES S. YOUNCE, Deceased. Attorney of Record: PRO SE Lagniappe HD Dec. 6, 13, 20, 2017.
NOTICE OF ESTATE ADMINISTRATION PROBATE COURT OF MOBILE COUNTY, ALABAMA Estate of ELISHA CLEO DAVIS JR, Deceased Case No. 2017-2314 Take notice that Letters Testamentary have been granted to the below named party on the 4th day of December 2017 by the Honorable Don Davis, Judge of Probate of Mobile County Probate Court, Alabama and that all parties having claims against said estate should file the same with the Probate Court of said county within the time allowed by law, or they will be barred. JOYCE A. DAVIS PATE as Executrix under the last will and testament of ELISHA CLEO DAVIS JR, Deceased. Attorney of Record: GABRIELLE E. REEVES. LAGNIAPPE HD Dec. 13, 20, 27, 2017
NOTICE OF ESTATE ADMINISTRATION PROBATE COURT OF MOBILE COUNTY, ALABAMA Estate of: SELMA LOUISE DINGLER SMITH, Deceased Case No. 2017-2284 Take notice that Letters Testamentary have been granted to the below named parties on the 7th day of December, 2017 by the Honorable Don Davis, Judge of Probate of Mobile County Probate Court, Alabama and that all parties having claims against said estate should file the same with the Probate Court of said county within the time allowed by law, or they will be barred. SELMA LOUISE DINGLER SMITH and EDWARD LEE DINGLER SMITH as Co-Executors under the last will and testament of SELMA LOUISE DINGLER SMITH, Deceased. Attorney of Record: SELMA LOUISE DINGLER SMITH, ESQ. 6 BUERGER ROAD MOBILE, AL 36608 Lagniappe HD Dec. 13, 20, 27, 2017
NOTICE OF ESTATE ADMINISTRATION PROBATE COURT OF MOBILE COUNTY, ALABAMA Estate of: INETTA HUNT Case No. 2017-0110 Take notice that Letters of Administration have been granted to the below named party on the 5th day of December , 2017 by the Honorable Don Davis, Judge of Probate of Mobile County Probate Court, Alabama and that all parties having claims against said estate should file the same with the Probate Court of said county within the time allowed by law, or they will be barred. KIMBERLY A. SOWELL as Administratrix of the estate of INETTA HUNT, deceased. Attorney of Record: RACHELE A. REIS. ESQ. Lagniappe HD Dec. 13, 20, 27, 2017
NOTICE OF SALE The following unclaimed vehicle(s) will be sold on January 19, 2018 - Time - 12pm, if not claimed - at 9470 Lakewood Dr., Semmes, AL 36575. 2008 Mercury Milan 3MEHM08128R626146
The following unclaimed vehicle(s) will be sold on January 26, 2018 - Time - 12pm, if not claimed - at 315 Lee St., Chickasaw, AL 36611. 2006 Chrysler 300 2C3KA43R06H284620 Lagniappe HD Dec. 20, 27, 2017
The following unclaimed vehicle(s) will be sold on January 26, 2018 - Time - 12pm, if not claimed - at 1050 N Hickory St., Loxley, AL 36551. 2000 Chevrolet Express 1GBJG31R3Y1104068 2003 Chevrolet Silverado 2GCEK19N231316044 1996 Ford LGT Convt 1FTEF15N9TNA20320 2005 Saturn Ion 1G8AW12F95Z120919 2006 Kia Sorento KNDJD733465540129 Lagniappe HD Dec. 20, 27, 2017
The following unclaimed vehicle(s) will be sold on January 26, 2018 - Time - 12pm, if not claimed - at 7068 Jewett St., Fairhope, AL 36532 2000 Mercedes E320 WDBJF65J2YB049576 Lagniappe HD Dec. 20, 27, 2017
The following unclaimed vehicle(s) will be sold on January 26, 2018 - Time - 12pm, if not claimed - at 2808 Bear Fork Rd., Eight Mile, AL 36613. 2005 Buick LeSabre 2G4WD532051304557 Lagniappe HD Dec. 20, 27, 2017
The following unclaimed vehicle(s) will be sold on January 26, 2018 - Time - 12pm, if not claimed - at 53467 Catrett Lane, Bay Minette, AL 36507. 2014 Harley Davidson FLTHTK 1HD1KEL12EB646974 2015 Kia Sorento 5XYKT3A60FG595472 Lagniappe HD Dec. 20, 27, 2017
These abandon vehicles will be sold on 1/24/2018 at 9am at 5781 Three Notch Rd Mobile, AL 36619 if not redeemed before then. Jeep 1C4BJWDG7HL609161 Ford 1FTRX17292NB20367 Niss 1N4AL11D06C249138 Lexs JT8BH28F3V0084522 Jeep 1J4GZ78Y4WC301542 Chev 2G1WW12M5T9145116 Lagniappe HD Dec. 20, 27, 2017
Lagniappe HD Dec. 13, 20, 2017
The following unclaimed vehicle(s) will be sold on January 19, 2018 - Time - 12pm, if not claimed - at 7960 Two Mile Rd., Irvington, AL 36544. 2003 Hyundai Elantra KMHDN45D03U487344 2001 Honda CR-V JHLRD28421S002162 1999 Nissan Pathfinder JN8AR05Y5XW328129 Lagniappe HD Dec. 13, 20, 2017
The following unclaimed vehicle(s) will be sold on January 19, 2018 - Time - 12pm, if not claimed - at 654 Holcombe Ave., Mobile, AL 36606. 2004 Dodge Ram 1500 1D7HA16N84J295296 Lagniappe HD Dec. 13, 20, 2017
The following unclaimed vehicle(s) will be sold on January 19, 2018 - Time - 12pm, if not claimed - at 5713 Three Notch Rd., Mobile, AL 36619. 2014 Toyota Tundra 5TFRM5F13EX069224 Lagniappe HD Dec. 13, 20, 2017
The following unclaimed vehicle(s) will be sold on January 26, 2018 - Time - 12pm, if not claimed - at 7401 Half Mile Rd., Irvington, AL 36544. 2008 Cadillac DTS 1G6KD57Y78U159756 2008 Chevrolet Cobalt 1G1AK58F387333180 2006 Cadillac DTS 1G6KD57Y56U143634 2003 GMC Sierra 1GTEC19T73Z277728 1999 Toyota Camry JT2BG22K6X0327116 2001 Ford Focus 1FAFP33P41W376768 2007 Chevrolet Impala 2G1WC58RX79232258
Deadline for legal advertising in Lagniappe HD is every Monday at 5 p.m. Lagniappe HD is distributed each Thursday. Lagniappe HD offices are located at 1100B Dauphin St. Mobile, AL 36604. For more information or to place your ad call Jackie at 251-450-4466. Or email at legals@lagniappemobile. com
Lagniappe HD Dec. 20, 27, 2017
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 45
46 | L AG N I A P P E | D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7
D e c e m b e r 2 0 , 2 0 1 7 - D e c e m b e r 2 6 , 2 0 1 7 | L AG N I A P P E | 47