HomeMy WebLinkAboutORDINANCE NO 13 07 181STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 13-07-181
AN ORDINANCE TO AMEND CHAPTER 10, BUILDINGS AND BUILDING
REGUALTIONS, TO PROVIDE FOR ENFORCEMENT OF CERTAIN APPLICABLE
CODES RELATIVE TO THE SAFE USE OF REAL PROPERTY IN ACCORDANCE
WITH GEORGIA LAWi TO REPEAL ANY CONFLICTING PROVISIONS; AND FOR
OTHER PURPOSES.
BE IT ORDAINED by the City of Milton, Georgia while in a regularly called council meeting
on July 15,2013 at 6:00 p.m. as follows:
WHEREAS, O.CG.A. § 36-35-3, provides that the governing authority of each
municipal corporation shall have legislative power to adopt clearly reasonable ordinances,
resolutions and regulations relating to its property, affairs, and local government for which no
provision has been made by general law and which are not inconsistent with the Constitution or
any charter provision applicable thereto; and
WHEREAS, O.C.G.A. § 36-61-11 authorizes any municipality, by ordinance, to require
the repair, closing, or demolition of dwellings or other structures intended for human habitation
which are, as defined in the ordinance, unfit for human habitation or which may imperil the
health, safety, or morals of the occupants thereof or of surrounding areas; and
WHEREAS, Chapter 2 of Title 41 provides that certain provisions should be included in
a City's ordinance to enforce provisions related to abatement of nuisances; and
WHEREAS, the City wishes to exercise its authority in adopting this Ordinance
consistent with such requirements to assist in the Code Enforcement process.
NOW, THEREFORE, the Council of the City of Milton, Georgia hereby ordains that:
Section 1. Sections 106.2, 106.3, 107.1, 107.2, 107.3, 107.5, 109.1 through 109.6,
and 110.1 through 110.4 of Ordinance Number 06-12-76, adopted December 21, 2006
and codified in Chapter 10 of the Code of Ordinances as Sections 10-241, 10-242, 10
244, and 10-245, are hereby stricken in their entirety and reserved, and in lieu thereof, the
language attached hereto as Exhibit A and incorporated herein by reference as if fully set
forth herein is hereby adopted and approved, and shall be codified as Article 4 in Chapter
10 (Buildings and Maintenance) of the Code of Ordinances.
Section 2. Sections 104.1 of Ordinance Number 06-12-76, adopted December 21,
2006 and codified as Sections 10-232, is hereby stricken in its entirety and replaced with
the following:
"The provisions of this article shall be enforced as provided in Article 4 of
this chapter."
Section 3. Sections 1 08.1 through 1 08.5 of Ordinance Number 06-12-76, adopted
December 21, 2006 and codified as Section 10-243, are here by stricken in their entirety
and replaced with the language provided in Exhibit B attached hereto and incorporated
herein by reference as if fully set forth herein, which language is hereby adopted and
approved.
Section 4. Section 1 0-267( d)(2) of Ordinance Number 12-11-154, adopted November
19,2012 and codified as Section 10-267(d)(2), is hereby stricken and replaced with the
following language:
"Upon the failure of the owner or agent having charge of a property to cut
and destroy weeds after service of a notice of violation, he or she shall be
subject to prosecution in accordance with Article 4 of this chapter and as
prescribed by the authority having jurisdiction."
Section 5. Article 4, Section 1 of Ordinance Number 07-02-09, adopted February 15,
2007 and codified as Section 1 0-165(b) through (t), is hereby stricken in its entirety and
replaced with the following language:
"(b) Enforcement of this provision shall occur as provided in Article 4 of this
chapter."
Section 6. All other ordinances shall continue in full force and effect and shall
remain unaffected, except where such ordinance, or part thereof, conflicts herewith, in
which case such ordinance, or part thereof, is hereby repealed.
Section 7. It is the express intent of the Council of the City of Milton, Georgia that
this Ordinance be consistent with both federal and State law concerning the City'S
abatement of nuisances. If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, the invalidity shall not affect other provisions
or applications of the Ordinance which can be given effect without the invalid provision
or application, and to this end the provision of this Ordinance are declared severable.
Section 8. That this Ordinance shall become effective upon its adoption.
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BE IT ORDAINED this 15th day of July, 2013, by the Council of the City of Milton,
Georgia.
Approved:
Attest:
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Exhibit A
Section 1. Incorporation of State Law
The City of Milton hereby incorporates the Abatement of Nuisances In Cities and
Counties, O.CG.A. § 41-2-5 through 41-2-17, into this adoption of law.
Section 2. Purpose and Findings
The purpose of this Ordinance is to establish uniform regulations and procedures for the
determination and remedy of a nuisance as defined in Section 6 of this Ordinance.
It is found and declared that in the City of Milton, Georgia there is the existence or
occupancy of dwellings or other buildings, structures, or properties which are unfit for human
habitation or for residential, commercial, industrial, or business occupancy or use and not in
compliance with the applicable state minimum standard codes as adopted by ordinance or
operation of law or any optional building, fire, life safety, or other codes relative to the safe use
of real property and real property improvements adopted by ordinance in the City of Milton; or
general nuisance law and which constitute a hazard to the health, safety, and welfare of the
people of the City of Milton; and that a public necessity exists for the repair, maintenance,
closing, or demolition of such dwellings, buildings, structures, or properties.
It is found and declared that in the City of Milton, Georgia, where there is in existence a
condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human
habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of
the City of Milton and a public necessity exists for the repair of such condition or the cessation
of such use which renders the adjacent real estate unsafe or inimical to safe human habitation.
Whenever there exists in the City of Milton dwellings, buildings, structures, or properties
which are unfit for human habitation or for commercial, industrial, or business uses due to
dilapidation and not in compliance with applicable codes; which have defects increasing the
hazards of fire, accidents, or other calamities; which lack adequate ventilation, light, or sanitary
facilities; or where other conditions exist rendering such dwellings, buildings, structures, or
properties unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or
otherwise inimical to the welfare of the residents of the City of Milton, or vacant, dilapidated
dwellings, buildings, structures, or properties in which drug crimes are being committed, the City
of Milton may exercise its police power to repair, maintain, close, or demolish the aforesaid
dwellings, buildings, structures, or properties in the manner provided in this Ordinance, and as
authorized by O.CG.A. §§ 41-2-8 to 41-2-17.
This Ordinance may be applied to private property where there exists an endangerment to
the public health or safety as a result of unsanitary or unsafe conditions to those persons residing
or working in the vicinity. A finding by any governmental health department, health officer,
building inspector, or code enforcement officer that such property is a health or safety hazard
shall constitute prima-facie evidence that said property is in violation of this section.
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Section 3. Definitions
Except as otherwise provided herein, all words shall have the customary dictionary
meaning. The present tense includes the future tense; the singular shall include the plural, and
the plural the singular; and the use of masculine or feminine gender is for convenience only, and
the use of each shall include the other.
As used in this Ordinance, the term:
(a) "Applicable codes" means (i) any optional housing or abatement standard provided in
Chapter 2 of Title 8, Official Code of Georgia, as adopted by ordinance or operation of
law, or other property maintenance standards as adopted by ordinance or operation of
law, or general nuisance law, relative to the safe use of real property; (ii) any fire or life
safety code as provided for in Chapter 2 of Title 25, Official Code of Georgia; and (iii)
any building codes adopted by local ordinance prior to October 1, 1991, or the minimum
standard codes provided in Chapter 2 of Title 8, Official Code of Georgia, after October
1, provided that such building or minimum standard codes for real property
improvements shall be deemed to mean those building or minimum standard codes in
existence at the time such real property improvements were constructed unless otherwise
provided by law.
(b) "Closing" means causing a dwelling, building, structure, or property to be vacated and
secured against unauthorized entry.
(c) "Drug crime" means an act which is a violation of Article 2 of Chapter 13 of Title 16,
Official Code of Georgia, known as the "Georgia Controlled Substances Act."
(d) "Dwellings, buildings, structures, or properties" means any building or structure or
part thereof used and occupied for human habitation or commercial, industrial, or
business uses, or intended to be so used, and includes any outhouses, improvements, and
appurtenances belonging thereto or usually enjoyed therewith and also includes any
building or structure of any design and any associated property. However, as used in this
Ordinance, the term "dwellings, buildings, structures, or properties" shall not mean or
include any farm, any building, structure, or property located on a farm, or any
agricultural facility or other building or structure used for the production, growing,
raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm
products.
(e) "Governing authority" means the Council of the City of Milton, Georgia charged with
governing the municipality.
(f) "Interested parties" means:
(i) Owner;
(ii) Those parties having an interest in the property as revealed by a certification of
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title to the property conducted in accordance with the title standards of the State
Bar of Georgia;
(iii) Those parties having filed a notice in accordance with Code Section 48-3-9;
(iv) Any other party having an interest in the property whose identity and address are
reasonably ascertainable from the records of the petitioner or records maintained
in the county courthouse or by the clerk of the court. Interested parties shall not
include the holder of the benefit or burden of any easement or right of way whose
interest is properly recorded which interest shall remain unaffected; and
(v) Persons in possession of said property and premises.
(g) "Municipality" means the City of Milton.
(h) "Owner" means the holder ofthe title in fee simple and every mortgagee of record.
(i) "Public authority" means any member of a governing authority, any housing authority
officer, or any officer who is in charge of any department or branch of the government of
the City of Milton or the state relating to health, fire, or building regulations or to other
activities concerning dwellings, buildings, structures, or properties in the municipality.
U) "Public Officer" means the officer or officers who are authorized to exercise the powers
prescribed by this Ordinance or any agent or designee of such officer or officers.
(k) "Repair" means altering or improving a dwelling, building, structure, or property so as
to bring the structure or property into compliance with the applicable codes in the
jurisdiction where the property is located and the cleaning or removal of tall grass, weeds,
debris, trash, and other materials present and accumulated which create a health or safety
hazard in or about any dwelling, building, structure, or property.
(I) "Resident" means any person residing in the City of Milton on or after the date on which
the alleged nuisance arose.
Section 4. Public Nuisance; Duty of Owner of Dwelling, Building, Structure or Property
Every owner of every dwelling, building, structure, or property within the City of Milton,
Georgia, has the duty to construct and maintain such dwelling, building, structure, or property in
conformance with the applicable City of Milton Ordinances or other applicable codes which
regulate and prohibit activities on property and which declare it to be a public nuisance to
construct or maintain any dwelling, building, structure, or property in violation of such codes or
ordinances.
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Section 5. Designation and Authority of Public Officers
(a) Designation of Public Officers. The building official, also referred to herein as
Public Officer, and their designees are all designated and appointed to exercise the
powers presented by this Ordinance.
(b) Powers of Enforcement Authorized. The Public Officer is hereby authorized to
exercise such powers as may be necessary or convenient to carry out and effectuate the
purpose and provisions of this Ordinance and O.C.G.A. §§ 41-2-8 through 41-2-17,
including the following additional powers:
(i) To investigate the dwelling conditions in the City of Milton in order to determine
which dwellings, buildings, structures, or properties therein are unfit for human
habitation or are unfit for current commercial, industrial, or business use or are
vacant, dilapidated, and being used in connection with the commission of drug
Crimes;
(ii) To administer oaths and affirmations, to examine witnesses, and to receive
evidence;
(iii) To enter upon premises for the purpose of making examinations; provided,
however, that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession and shall follow applicable
due process of law;
(iv) To appoint and fix the duties of such officers, agents, and employees as he deems
necessary to carry out the purposes of this Ordinance;
(v) To delegate any of his functions and powers under this Ordinance to such officers
and agents as he may designate; and
(vi) To consult with any engineers or other qualified professionals in carrying out the
functions and powers of this Ordinance.
(c) Standards for Determining Violation. The Public Officer may determine, under
existing ordinances, that a dwelling, building, structure, or property is unfit for human habitation
or is unfit for its current residential, commercial, industrial, or business use if he finds that
conditions exist in such building, dwelling, structure, or property which are dangerous or
injurious to the health, safety, or morals of the occupants of such dwelling, building, structure, or
property; of the occupants of neighborhood dwellings, buildings, structures, or properties; or of
other residents of the City of Milton. Such conditions may include the following (without
limiting the generality of the foregoing):
(i) Defects therein increasing the hazards of fire, accidents, or other calamities;
(ii) Lack of adequate ventilation, light, or sanitary facilities;
(iii) Dilapidation;
(iv) Disrepair;
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(v) Structural defects; and
(vi) Uncleanliness constituting an unsanitary condition.
The Public Officer may determine that a dwelling, building, or structure is vacant, dilapidated,
and being used in connection with the commission of drug crimes upon, among other things,
personal observation or report of a law enforcement agency and evidence of drug crimes being
committed.
Section 6. Enforcement Procedures
(a) Filing of Request; Investigation. Whenever a request is filed with the Public Officer by
a public authority or by at least five residents of the City of Milton charging that any
dwelling, building, structure, or property is unfit for human habitation or for commercial,
industrial, or business use and not in compliance with applicable codes; is vacant and
being used in connection with the commission of drug crimes; or constitutes an
endangerment to the public health or safety as a result of unsanitary or unsafe conditions,
the Public Officer shall make an investigation or inspection of the specific dwelling,
building, structure or property.
(b) Issuance of Notice or Filing of Complaint. If the Public Officer's investigation or
inspection identifies that any dwelling, building, structure, or property is unfit for human
habitation or for commercial, industrial, or business use and not in compliance with
applicable codes; is vacant and being used in connection with the commission of drug
crimes; or constitutes an endangerment to the public health or safety as a result of
unsanitary or unsafe conditions, the Public Officer shall notify the Council of such
finding and shall either issue a 30-day notice to comply or file a complaint in rem as
indicated below.
(c) Issuance of Thirty-Day Notice. The Public Officer may issue and cause to be served via
certified and regular mail upon the owner and any interested parties notice that the
dwelling, building, structure, or property is unfit for human habitation or for commercial,
industrial, or business use and not in compliance with applicable codes; is vacant and
being used in connection with the commission of drug crimes; or constitutes an
endangerment to the public health or safety as a result of unsanitary or unsafe conditions.
The notice shall instruct the owner to repair, alter, improve, vacate and close or demolish
said dwelling, building, structure, or property within 30 days of the date the notice is
mailed via regular delivery.
(d) Filing a Complaint. If the dwelling, building, structure or property is not repaired,
altered, improved, vacated and closed or demolished within 30 days, or, if the Public
Official determines that it is in the best interest of the City to proceed without first issuing
a 30-day notice, the Public Official may issue a complaint in rem against the lot, tract, or
parcel of real property on which such dwelling, building or structure is situated or where
such public health hazard or general nuisance exists and shall cause summons and a copy
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of the complaint to be served on the interested parties for such dwelling, building,
structure, or property.
(e) Contents of Complaint. The complaint shall
(i) Identify the subject real property by appropriate street address and official tax
map reference;
(ii) Identify the owner and other interested parties;
(iii) State with particularity the factual basis for the action; and
(iv) Contain a statement of the action sought by the Public Officer to abate the alleged
nuisance. Unless specifically authorized by the Council, demolition shall not be
sought for any dwelling, building, structure or property that is occupied or has
exceptional historical, architectural or social uniqueness or significance.
(f) Service of Complaint. Complaints issued by a Public Officer shall be served in the
following manner:
(i) At least 14 days prior to the date of the hearing, the Public Officer shall mail
copies of the complaint by certified mail or statutory overnight delivery, return
receipt requested, to all interested parties whose identities and addresses are
reasonably ascertainable. Copies of the complaint shall also be mailed by first
class mail to the property address to the attention of the occupants of the property,
if any, and shall be posted on the property within three business days of filing the
complaint and at least 14 days prior to the date of the hearing.
(ii) For interested parties whose mailing address is unknown, a notice stating the date,
time, and place of the hearing shall be published in the newspaper in which the
sheriffs advertisements appear in such county once a week for two consecutive
weeks prior to the hearing.
(iii) At the time of filing the complaint in the City of Milton Municipal Court, a notice
of lis pendens shall be filed in the office of the Fulton County Clerk of Superior
Court. Such notice shall have the same force and effect as other lis pendens
notices provided by law.
(iv) Orders and other filings made subsequent to service of the initial complaint shall
be served in this manner on any interested party who answers the complaint or
appears at the hearing. Any interested party who fails to answer or appear at the
hearing shall be deemed to have waived all further notice in the proceedings.
(g) Issuance of Summons; Hearing. The summons shall notify the owner and other
interested parties that a hearing will be held before the City of Milton Municipal Court, at
the date and time certain and at a place within the City of Milton. Such hearing shall be
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held not less than 15 days nor more than 45 days after the filing of said complaint in the
proper court. The owner and other interested parties shall have the right to file an answer
to the complaint and to appear in person or by attorney and offer testimony at the time
and place fixed for hearing.
(h) Issuance of Order by Court. If, after such notice and hearing, the court determines that
the dwelling, building, structure, or property in question is unfit for human habitation or
is unfit for its current commercial, industrial, or business use and not in compliance with
applicable codes; is vacant and being used in connection with the commission of drug
crimes; or constitutes an endangerment to the public health or safety as a result of
unsanitary or unsafe conditions, the court shall state in writing findings of fact in support
of such determination and shall issue and cause to be served upon the interested parties
that have answered the complaint or appeared at the hearing an order requiring the
property to be repaired so as to comply with all applicable codes and requiring any
building, dwelling, or structure to be repaired or demolished in accordance with the
following:
(i) If the repair, alteration, or improvement of the said dwelling, building, structure,
or property can be made at a reasonable cost in relation to the present value of the
dwelling, building, or structure, requiring the owner, within the time specified in
the order, to repair, alter, or improve such dwelling, building, structure, or
property so as to bring it into full compliance with the applicable codes relevant to
the cited violation and, if applicable, to secure the structure so that it cannot be
used in connection with the commission of drug crimes; or
(ii) If the repair, alteration, or improvement of the said dwelling, building, structure,
or property in order to bring it into full compliance with applicable codes relevant
to the cited violations cannot be made at a reasonable cost in relation to the
present value of the dwelling, building, or structure, requiring the owner, within
the time specified in the order, to vacate and close or demolish and remove such
dwelling, building, or structure and all debris from the property.
For the purposes of this section, the court shall make its determination of "reasonable
cost in relation to the present value of the dwelling, building, structure, or property"
without consideration of the value of the land on which a structure is situated; provided,
however, that costs of the preparation necessary to repair, alter, or improve a structure or
property to bring it into compliance may be considered. Income and financial status of
the owner shall not be a factor in the court's determination. The present value of the
structure and the costs of repair, alteration, or improvement may be established by
affidavits of real estate appraisers with the Georgia appraiser classification as provided in
Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors
without actual testimony presented. Costs of repair, alteration, or improvement of the
structure or property shall be the cost necessary to bring the structure or property into
compliance with the applicable codes relevant to the cited violations in force in the City
of Milton.
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(i) Noncompliance with the Order. If the owner fails to comply with an order to repair,
vacate and close, or demolish the dwelling, building, structure, or property, the Public
Officer or his designee may cause such dwelling, building, structure, or property to be
repaired, altered, or improved or to be vacated and closed or demolished. Such
abatement action shall commence within 270 days after the expiration of time specified
in the order for abatement by the owner. Any time during which such action is prohibited
by a court order issued pursuant to O.CO.A. § 41-2-13 or any other equitable relief
granted by a court of competent jurisdiction shall not be counted toward the 270 days in
which such abatement action must commence. The Public Officer, or his designee, shall
cause to be posted on the main entrance of the building, dwelling, or structure a placard
with the following words:
"This building is unfit for human habitation or commercial, industrial, or business use
and does not comply with the applicable codes or has been ordered secured to prevent its
use in connection with drug crimes or constitutes an endangerment to public health or
safety as a result of unsanitary or unsafe conditions. The use or occupation of this
building is prohibited and unlawful."
U) Demolition Procedure. If the Public Officer has the structure demolished, reasonable
effort shall be made to salvage reusable materials for credit against the cost of
demolition. The proceeds of any moneys received from the sale of salvaged materials
shall be used or applied against the cost of the demolition and removal of the structure,
and proper records shall be kept showing application of sales proceeds. Any such sale of
salvaged materials may be made without the necessity of public advertisement and bid.
The Public Officer and City of Milton are relieved of any and all liability resulting from
or occasioned by the sale of any such salvaged materials, including, without limitation,
defects in such salvaged materials.
(k) Recovery of Costs of Abatement. The amount of the cost of repair, closure or
demolition, including all court costs, appraisal fees, administrative costs incurred by the
tax collector or city revenue officer, and all other costs necessarily associated with the
abatement action, including restoration to grade of the real property after demolition,
shall be a lien against the real property upon which such cost was incurred.
Said lien shall attach to the real property upon the filing of a certified copy of the order
requiring repair, closure, or demolition in the office of the Fulton County Clerk of
Superior Court and shall relate back to the date of the filing of the lis pendens notice
required under O.CO.A. § 41-2-12(c). The Fulton County Clerk of Superior Court shall
record and index such certified copy of the order in the deed records of the county and
enter the lien in the general execution docket. The lien shall be superior to all other liens
on the property, except liens for taxes to which the lien shall be inferior, and shall
continue in force until paid.
After filing a certified copy of the order with the Fulton County Clerk of Superior Court
and final determination of costs, fees, and expenses incurred in accordance with this
section, the Public Officer shall transmit to the tax collector or revenue officer a
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statement of the total amount due and secured by said lien, together with copies of all
notices provided to interested parties. The statement of the Public Officer shall be
transmitted within 90 days of completion of the repairs, demolition, or closure.
It shall be the duty of the tax collector or revenue officer, who is responsible or whose
duties include the collection of municipal taxes, to collect the amount of the lien in
conjunction with the collection of ad valorem taxes on the property and to collect the
amount of the lien as if it were a real property ad valorem tax, using all methods available
for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48,
Official Code of Georgia; provided, however, that the limitation of O.C.G.A. § 48-4-78
which requires 12 months of delinquency before commencing a tax foreclosure shall not
apply. A county tax commissioner shall collect and enforce municipal liens imposed
pursuant to this Ordinance in accordance with O.C.G.A. § 48-5-359.1. The tax collector
or revenue officer shall remit the amount collected to the City Council for the City of
Milton.
Enforcement of liens pursuant to this section may be initiated at any time following
receipt by the tax collector or revenue officer of the final determination of costs in
accordance with this section. The unpaid lien amount shall bear interest and penalties
from and after the date of final determination of costs in the same amount as applicable to
interest and penalties on unpaid real property ad valorem taxes. An enforcement
proceeding pursuant to O.e.G.A. § 48-4-78 for delinquent ad valorem taxes may include
all amounts due under this section.
The redemption amount in any enforcement proceeding pursuant to this section shall be
the full amount of the costs as finally determined in accordance with this section together
with interest, penalties, and costs incurred by the governing authority, tax collector, or
revenue officer in the enforcement of such lien. Redemption of property from the lien
may be made in accordance with the provisions of O.e.G.A. §§ 48-4-80 and 48-4-81.
If legally possible and the property is still in existence, the City Council may waive and
release any such lien imposed on property upon the owner of such property entering into
a contract with the city agreeing to a timetable for rehabilitation of the real property or
the dwelling, building, or structure on the property and demonstrating the financial means
to accomplish such rehabilitation.
(1) Appeal; Injunction. Review of a court order requIrIng the repair, alteration,
improvement, closure or demolition of a dwelling, building, structure, or property shall
be by direct appeal to the superior court under Code Section 5-3-29.
Any person affected by an order issued by the Public Officer may petition to the Fulton
County Superior Court for an injunction restraining the Public Officer from carrying out
the provisions of the order, and the court may, upon such petition, issue a temporary
injunction restraining the Public Officer pending the final disposition of the cause;
provided, however, that such person shall present such petition to the court within 15
days of the posting and service of the order of the Public Officer. De novo hearings shall
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be held by the court on petitions within 20 days. The court shall hear and determine the
issues raised and shall enter such final order or decree as law and justice may require;
provided, however, that it shall not be necessary to file bond in any amount before
obtaining a temporary injunction under this section.
Section 7. Posting of Notices on Dwellings and Other Structures Intended for Human
Habitation
(a) The Public Officer may post a notice of non-compliance and of actions taken by code
enforcement officials or the court with respect thereto, and the fixing of penalties for the
defacing, destruction, or removal of such notices; provided that no such notices shall be
posted on any property then designated by proper governmental authority for acquisition
by eminent domain.
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Exhibit B
(a)
Definitions. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except where the
context clearly indicates a different meaning:
Structure unfit for human occupancy shall have the same meaning as provided in
Article 4 of this Chapter.
Unlawful structure means a structure:
(1)
Found in whole or in part to be occupied by more persons than permitted
under this code; or
(2)
Erected, altered or occupied contrary to law.
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 the
equipment is a hazard to the life, health, property or safety of the public or occupants of
the premises or structure.
Unsafe structure means:
(1)
One that is found to be dangerous to the life, health, property or safety of
the public or the occupants of the structure by not providing the minimum
safeguards to protect or warn occupants in the event of fire;
(2)
Because such structure contains unsafe equipment; or
(3)
Is so damaged, decayed, dilapidated, structurally unsafe or of such faulty
construction or unstable foundation, that partial or complete collapse is
possible.
(b)
Condemnation finding. When a structure or equipment is found by the building
official or his or her designee 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 Article 4 of this Chapter.
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