Title 45

The commission created by an ordinance enacted pursuant to this article shall be authorized to: (1) Preserve and protect buildings, structures, and sites of historic and architectural value in the historic districts designated pursuant to that ordinance. (2) Prepare a survey of a…

(a) On recommendation of the historic preservation commission, the City of Wetumpka may designate historic properties and historic districts within the territorial jurisdiction of Wetumpka. (b) The commission shall not recommend designation of an historic property or historic dis…

(a) Before the commission shall recommend the designation of an historic property or historic district, it shall hold a public hearing on the proposed recommendation of historic designation to be held at a time and place, and pursuant to such notices specified in the ordinance cr…

Upon the designation of any historic property or historic district by Wetumpka pursuant to an ordinance enacted pursuant to this article, the historic preservation commission shall give notice in writing of that designation to all agencies of Wetumpka and to all owners of propert…

(a) No change in the exterior appearance of an historic property or any building, structure, or site within an historic district may be made, and no historic property may be demolished, and no building or structure in an historic district may be erected or demolished unless and u…

Any person having a request for a certificate of appropriateness denied by the historic preservation commission, or architectural review board as hereinafter provided, may appeal such denial to the Circuit Court of Elmore County. (Act 89-718, p. 1433, §10.)

(a) The commission shall approve an application and issue a certificate of appropriateness if it finds that the proposed change, erection, or demolition conforms to the general design standards established by the commission, is compatible with the character of the historic proper…

The commission, or Wetumpka, shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any change in the exterior of a building or structure which is either an historic property or which is contained in an historic distr…

(a) Wetumpka, enacting an ordinance pursuant to this article, may elect to create an architectural review board, hereinafter sometimes called the board, to perform the duties and responsibilities of the historic preservation commission in accepting, considering, and approving or …

Wetumpka may create a joint commission and board with other municipalities within Elmore County or with Elmore County pursuant to an ordinance enacted pursuant to this article, with all the powers granted by this article to such commissions. Any such joint commission and joint bo…

No provision of this article shall be construed to require the dissolution of any historic development commission or architectural review board created by an ordinance enacted pursuant to prior laws. Any historic development commission or architectural review board created by an …

(a) This article shall not apply to a highway, road, street, bridge, or utility structure or facility, nor to any highway, road, street, bridge, or utility structure or facility to be constructed or improved, including any property, building, or other structure or facility to be …

The provisions of this article are cumulative and shall be construed with any and all other laws or parts of laws relating to historical preservation and architectural review, except those laws in direct conflict herewith are repealed. (Act 89-718, p. 1433, §17.)

(a) This section shall apply to the regulation of the sale and distribution of alcoholic beverages in the City of Wetumpka. (b) The City Council of the City of Wetumpka, by resolution or ordinance, may authorize the sale and distribution of draft beer by retail licensees of the A…

(a) This section shall apply only to the City of Wetumpka. (b) The City Council of the City of Wetumpka may authorize the sale of alcoholic beverages for on-premises consumption by restaurants, hotels, and night clubs which are retail licensees of the Alcoholic Beverage Control B…

(a) In addition to all other costs and charges in circuit and district court cases in Elmore County, a fee of three dollars ($3) shall be charged and collected by the clerk of the court. This additional charge shall not be collected on small claims cases. When collected by the cl…

In addition to the assessment and distribution of the additional court costs and charges for Elmore County circuit and district courts, there shall be assessed and collected in each case by the clerks of the circuit and district courts, except for the small claims cases, an addit…

(a) This section shall apply only in Elmore County. (b) In addition to any court costs now authorized in the district, circuit, and juvenile courts of Elmore County, there shall be assessed and collected an additional court cost of thirty dollars ($30) in all civil and criminal c…

(a) In Elmore County, a booking fee in the amount of twenty-five dollars ($25) shall be assessed by the clerk of the court as court costs against each defendant incarcerated in or booked in the Elmore County Jail if the defendant is convicted or pleads guilty in cases prosecuted …

(a) The base annual salary of the Judge of Probate of Elmore County shall be one hundred twenty thousand dollars ($120,000) per year, payable in the same manner and at the same time as other employees of the county. The salary provided by this section shall supersede any salary, …

In Elmore County, a special indexing fee of one dollar ($1) shall be paid to the county, and collected by its judge of probate, with respect to each real property instrument and each personal property instrument that may be filed for record in the office of the judge of probate a…

(a) On and after the date this section becomes applicable to Elmore County, a special recording fee of one dollar ($1) shall be paid to the county, and collected by its judge of probate, with respect to each real property instrument and each personal property instrument that may …

(a) In Elmore County, a special recording fee of three dollars ($3) shall be collected by the office of the judge of probate on each real or personal property, Uniform Commercial Code, judicial, or other instrument recorded or filed for record. The special recording fees shall be…

THIS SECTION WAS AMENDED AND RENUMBERED BY ACT 2020-37 and 38 IN THE 2020 REGULAR SESSION, EFFECTIVE JULY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 45-26-242.20.

THIS SECTION WAS AMENDED AND RENUMBERED BY ACT 2020-37 and 38 IN THE 2020 REGULAR SESSION, EFFECTIVE JULY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 45-26-242.20.

THIS SECTION WAS AMENDED AND RENUMBERED BY ACT 2020-37 and 38 IN THE 2020 REGULAR SESSION, EFFECTIVE JULY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 45-26-242.20.

THIS SECTION WAS AMENDED AND RENUMBERED BY ACT 2020-37 and 38 IN THE 2020 REGULAR SESSION, EFFECTIVE JULY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 45-26-242.20.

THIS SECTION WAS AMENDED AND RENUMBERED BY ACT 2020-37 and 38 IN THE 2020 REGULAR SESSION, EFFECTIVE JULY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 45-26-242.20.

THIS SECTION WAS AMENDED AND RENUMBERED BY ACT 2020-37 and 38 IN THE 2020 REGULAR SESSION, EFFECTIVE JULY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 45-26-242.20.

THIS SECTION WAS AMENDED AND RENUMBERED BY ACT 2020-37 and 38 IN THE 2020 REGULAR SESSION, EFFECTIVE JULY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 45-26-242.20.

In Elmore County, upon resolution passed by a majority of the members of the county board of education, in lieu of any and all other expense allowances of any nature whatsoever heretofore authorized, each member of the county board of education shall be entitled to receive a tota…

In accordance with Section 41-15-1, the Elmore County Board of Education may insure school buildings and property in the State Insurance Fund or with an insurance company, whichever in the opinion of the board provides the best coverage for the school buildings and property. (Act…

(a) Commencing with the expiration of the term of office of the Elmore County Superintendent of Education holding office on May 3, 2023, the Elmore County Board of Education shall appoint the Superintendent of Education of Elmore County pursuant to the general law of the state. T…

(a) In Elmore County, notwithstanding any other law to the contrary, each member of the board of registrars shall receive twenty dollars ($20) per day for each meeting he or she attends, payable out of the general fund of the county, for the period beginning November 1, 1979, and…

Any law to the contrary notwithstanding, the county governing body of Elmore County may, at any regularly scheduled meeting, increase the mileage payable to county employees on official business up to twenty cents ($.20) per mile. (Act 81-751, p. 1277, §1.)

The Elmore County Commission shall provide compensation for deputies, clerks, assistants, and secretaries for the offices of the judge of probate, tax assessor, tax collector, and sheriff in such number as may be necessary for the efficient conduct of such offices. Each officer s…

(a) This section shall apply only in Elmore County. (b) The Elmore County Commission shall appoint and employ a county engineer or chief engineer, who shall be a thoroughly qualified and competent professional engineer. The county engineer or chief engineer shall possess all of t…

(a) The County Commission of Elmore County is authorized, when the need exists, to provide protection against forest fires in Elmore County by participating in the Alabama Forestry Commission’s fire protection program in the manner hereinafter specified. (b)(1) After the Elmore C…

This part shall be operative only in Elmore County. (Act 95-393, p. 800, §1.)

It is the intent of the Legislature to provide for the financing of a system for fire protection, fire prevention, emergency medical services, and related services and facilities for the benefit of the inhabitants of the county in areas in which the services and facilities might …

As used in this part, the following words and phrases shall have the following meanings: (1) ASSOCIATION. The Elmore County Firefighters Association. (2) AUTHORIZING AMENDMENT. Amendment No. 567 of the Constitution of Alabama of 1901, as amended, proposed by Act No. 94-483 enacte…

The commission is authorized to collect beginning October 1, 1995, and each successive year in all districts, a fire protection fee with respect to each dwelling and commercial building located within the boundaries of each district. The fee shall be levied, collected, and admini…

To be eligible to receive proceeds from the fire protection fee, each department shall be a member in good standing in the Elmore County Firefighters Association. For the purpose of this part, good standing is defined as being current on all association dues, being incorporated a…

Proceeds from the fire protection fee shall be used at the discretion of the individual department for fire protection, fire prevention, and emergency medical services to include, but not be limited to, fire or emergency medical equipment, fire or emergency medical supplies, trai…

The association may, after approval by a majority vote of member departments in good standing, establish and define the boundaries of one or more districts within the boundaries of the county for purposes of collection and distribution of the fire protection fee. Upon creation of…

The association may, with the consent of the affected district or districts and approval by a two-thirds majority vote of member departments in good standing, alter the boundaries of any district. The alteration may include, but not be limited to, consolidation of territory of on…