§ 38-37. Unfit structures.

(a)

It is the duty of the owner of every dwelling, building, structure or property within the city to construct and maintain such dwelling, building, structure or property in conformance with applicable codes in force in the city, or 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. [O.C.G.A. 41-2-9(a)(1)]

(b)

The city building inspector or his designee shall be authorized to exercise the powers hereinafter outlined to effect the purpose of this section, including, but not limited to, the following:

(1)

Administer oaths and affirmations, examine witnesses and receive evidence;

(2)

Enter upon premises for the purpose of making examination; however, such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession;

(3)

Appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of the ordinance; and

(4)

Delegate any of his functions and powers under this article to such officers and agents as he may designate. [O.C.G.A. 41-2-9(a)(2)]

(c)

Whenever a request is filed with the building inspector by a public authority or by at least five residents of the municipality or by five residents of the city, charging that any dwelling, building, structure or property is unfit for human habitation or 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 building inspector shall make an investigation or inspection of the specific dwelling, building, structure or property. The building inspector may determine, under existing ordinances, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of such county or municipality. Such conditions may include the following (without limiting the generality of the foregoing):

(1)

Defects therein increasing the hazards of fire, accidents, or other calamities;

(2)

Lack of adequate ventilation, light, or sanitary facilities;

(3)

Dilapidation;

(4)

Disrepair;

(5)

Structural defects; and

(6)

Uncleanliness.

The building inspector may determine, under existing ordinances, that a dwelling, building, or structure is vacant, dilapidated, and being used in connection with the commission of drug crimes upon personal observation or report of a law enforcement agency and evidence of drug crimes being committed.

(d)

The building inspector may issue a complaint in rem against the lot, tract or parcel on real property on which such dwelling, building or structure is situated or where such public health hazard or general nuisance exists and if the building inspector's investigation or inspection identifies that any dwelling, building, structure or property is:

(1)

Unfit for human habitation or for commercial, industrial or business use and not in compliance with applicable codes;

(2)

Is vacant and being used in connection with the commission of drug crimes; or

(3)

Constitutes an endangerment to the public health and safety as a result of unsanitary or unsafe conditions.

(e)

Whenever the building inspector determines that there exists an unfit structure within the city, he shall cause the matter to be placed on the agenda of the city council at the next regular meeting for approval, in ordinance form, of the building inspector proceeding to effectuate the purpose of this section with respect to a particular piece of property which the building inspector has found unfit. Upon the approval of the city council, the building inspector shall serve or cause to be served upon the recorded owner of such structure at the address shown on the city's current ad valorem tax records and upon any other person or entity known to have an interest in such building or structure, a written notice, in the form of a summons and complaint.

(f)

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.

(g)

The summons shall notify the interested parties that a hearing will be held before a court of competent jurisdiction as determined by O.C.G.A. § 41-2-5, at a date and time certain and at a place within the county or municipality where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of a complaint in the municipal 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. [O.C.G.A. 41-2-9(a)(3)]

(h)

If, after such notice and hearing, 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 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 owner and any parties in interest that have answered the complaint or appeared at the hearing an order to abate the nuisance. [O.C.G.A. 41-2-9(a)(4)]

(1)

If the repair, alteration or improvement of the dwelling, building or structure 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 or structure so as to bring in 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 [O.C.G.A. 41-2-9(a)(4)(a)]

(2)

If the repair, alteration or improvement of the dwelling, building or structure , in order to bring it into full compliance with the 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 demolish and remove such dwelling, building or structure and all debris from the property. [O.C.G.A. 41-2-9(a)(4)(b)]

(i)

For purposes of this section, the court shall make its determination of "reasonable cost in relation to the present value of the dwelling, building or structure" without consideration of the value of the land on which the structure is situated; provided, however, costs of the preparation necessary to repair, alter or improve a structure 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 a state appraiser classification as provided in O.C.G.A. tit. 43, ch. 39A (O.C.G.A. § 43-39A-1 et seq.), qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the jurisdiction.

(j)

If the owner fails to comply with an order to repair or demolish the dwelling, building or structure and abate the nuisance, the building inspector may cause such dwelling, building or structure 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.C.G.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 building inspector shall cause to be posted on the main entrance of the building dwelling or structure as placard with the following words: [O.C.G.A. 41-2-9(a)(5)]

"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."

(k)

If the building inspector 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.

(l)

The building inspector and city 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. [O.C.G.A. 41-2-9(a)(6)]

(m)

That the amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the county tax commissioner or municipal 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. [O.C.G.A. 41-2-9(a)(7)]

(Ord. No. 2797, Exh. A, 2-24-2014)

State law reference

Municipal ordinances relating to unfit buildings and structures, O.C.G.A. § 41-2-9.

Charter reference

Specific powers of city to abate nuisance, § 1.13(23).