§ 10-63. Procedure to abate nuisances affecting health.

(a)

It is the duty of the owner of every dwelling, building, structure or property which is located within the city to construct and maintain such dwelling, building, structure or property in conformance with applicable codes in force in the city, and such ordinances 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.

(b)

The chief of police is appointed to exercise the powers prescribed by this article and applicable ordinances.

(c)

Whenever a request is filed with the chief of police or his designee or by at least five residents of the city 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; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the chief of police shall make an investigation or inspection of the specific dwelling, building, structure or property.

(d)

If the chief of police 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 or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the chief of police 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 of the complaint to be served on the owner and parties in interest in such dwelling, building or structure. The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner and parties in interest; state with particularity the factual basis for the action; and contain a statement of the action sought by the public officer to abate the alleged nuisance. The summons shall notify the owner and parties in interest that a hearing will be held before the municipal court as pursuant to O.C.G.A. § 41-2-5, at a date and time certain. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of the complaint in the proper court. The owner and parties in interest 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.

(e)

After such notice and hearing, if the court determines that the dwelling, building or structure 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 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 owner and any parties in interest that have answered the complaint or appeared at the hearing an order to abate the nuisance.

(f)

If the owner fails to comply with an order to abate the nuisance, the chief of police may cause such dwelling, building or structure to be vacated and closed or demolished. The chief of police 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 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."

(g)

If the chief of police 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 chief of police, city council and city employees 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 pursuant to O.C.G.A. § 48-2-9.

(Ord. of 1-11-2016)

State law reference

Municipal authority, O.C.G.A. § 41-2-9.