§ 10-61. Nuisances affecting health.

(a)

It is found and declared that there is the existence or occupancy of dwellings or other buildings or structures which are 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 this city; or general nuisance law and which constitute a hazard to the health, safety and welfare of the people of this city; and that a public necessity exists for the closing of such dwellings, buildings or structures. It is found and declared that 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 city and a public necessity exists for the cessation of such use which renders the adjacent real estate unsafe or inimical to safe human habitation. Whenever the chief of police or his designee finds that there exists in the city dwellings, buildings or structures where conditions exist rendering such dwellings, buildings or structures 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, power is conferred upon the city to exercise its police power to close the aforesaid dwellings, buildings or structures in the manner provided in this article and under O.C.G.A. §§ 41-2-8-41-2-17.

(b)

All the provisions of this article and O.C.G.A. §§ 41-2-8-41-2-17 including method and procedure 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 the chief of police or his designee, health officer or building inspector that such property is a health or safety hazard shall constitute prima facie evidence that the property is in violation of this article and O.C.G.A. §§ 41-2-8-41-2-17.

(Ord. of 1-11-2016)

State law reference

Power of city to repair, close or demolish unfit buildings or structures; health hazards on private property; properties affected, O.C.G.A. § 41-2-7.

Cross reference

Nuisances, § 38-31 et seq.