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Commission deadlocks on reducing $270,000 in code fines for property at 2920 NW 130 Fifth Street

5775111 · August 26, 2025
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Summary

A proposed reduction of code fines tied to landlord-tenant permit violations at a multi-unit property drew divided opinions; a manager-recommended conditional 75% reduction failed on a 2-2 vote.

A proposal to reduce more than $270,000 in code compliance fines tied to 2920 Northwest 130 Fifth Street ended in a 2-2 tie on Aug. 25, leaving the fines in place.

City Manager Shamika Lawson told the commission the fines began with a $250 citation issued March 5, 2021, for failure to obtain a landlord-tenant permit. A special magistrate ordered the issue to be corrected within 30 days or incur a $250 per day running fine; the daily fines became effective July 26, 2023. As of July 8, 2025, Lawson said the fines had surpassed $270,000.

The prospective buyer and power of attorney—identified in the staff report as a Dixa Asset representative—asked the commission to reduce the fines to $10,000. The manager said she did not recommend $10,000; instead she recommended a 75% reduction so the owner would pay $67,734.85 on the condition that the current owner correct permitting issues on that property and on six additional properties they own in Opelika.

Commissioners were sharply divided in debate. Commissioner Irvin and Commissioner Santiago expressed concern that the outstanding amount was excessive and noted history showing notices were received; Irvin said recorded certified-mail receipts showed the owner was aware of the case as of June 21, 2022, and opposed the reduction. Several commissioners said they supported an amnesty program being considered by the commission and noted the manager lacks unilateral authority to grant the 75% reduction without a commission-approved amnesty policy.

A roll call after debate recorded two yes votes and two no votes: Commissioner Santiago and Commissioner Irvin voted yes to consider the manager’s recommended reduction; Vice Mayor Kelly and Mayor Taylor voted no. The motion failed 2-2.

The commission discussed that an amnesty program had been proposed and scheduled for a future meeting (Sept. 10). No fine reduction took effect at the Aug. 25 meeting.

Details: The underlying citation was for failure to obtain a landlord-tenant permit; the docket dates and the special magistrate’s order are part of the staff packet. The manager emphasized any reduction would require the owner to bring this and six other properties into compliance.

Next steps: The commission is considering an amnesty program at a future meeting; staff will return with any formal program or alternative recommendations.