§ 18-95. Enforcement procedure.

(a)

When a request is filed with the public officer by a public authority 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 or when it appears to the public officer (on his own motion) that any dwelling, building, structure or property 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 public officer shall make an investigation or inspection of the specific dwelling, building, structure, or property.

If the 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 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 the following described action shall be taken.

The officer shall issue and cause to be served upon the owner and any parties in interest in such dwelling, building, structure or property summons and a complaint containing a notice that a hearing will be held in municipal court not less than 15 days nor more than 45 days after the serving of the complaint; that the owner and any parties in interest shall be given the right to file an answer to the complaint and to appear in person, or by attorney, and give testimony at the place and time fixed in the complaint.

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.

(b)

If, after the hearing, the court determines that the dwelling, building, structure, or property under consideration 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 or unsanitary or unsafe conditions, the court shall state in writing its 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:

(1)

If the repair, alteration, or improvement of such dwelling, building, structure, or property can be made at a reasonable cost in relation to the present value of the dwelling, building, structure, or property, 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

(2)

If the repair, alteration, or improvement of such 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, structure, or property, requiring the owner within the time specified in the order, to remove or demolish such dwelling, building or structure and all debris from the property.

(3)

If the court finds there is a condition or use of real estate other than addressed above, which renders adjacent real estate unsafe or inimical to safe human habitation and the court further finds that such use is dangerous and injurious to the health, safety and welfare of the people and that a public necessity exists for the repair of such condition or the cessation of such use, the court may order the cleaning or removal of debris, trash and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building or structure, and the order may require the abatement of the public health hazard or general nuisance to eliminate the endangerment to the public health or safety.

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 or structure" without consideration of the value of the land on which the structure is situated; provided however, that 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.] 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 shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the city.

(c)

If the owner fails to comply with an order to repair, alter, improve or demolish the dwelling, building, structure, or property, or to abate the nuisance to eliminate the endangerment to the public health or safety, the public officer 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. Time during any court stay on abatement shall not count toward said 270 days. The public officer shall cause to be posted on the main entrance of the building, dwelling, structure, or property a placard with the following words:

"This building, dwelling, structure, or property 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, dwelling, structure, or property is prohibited and unlawful."

(d)

The amount of the cost of any repair, alteration, improvement, removal or demolition, including all court costs, appraisal fees, administrative costs incurred by the tax collector, 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 cost was incurred. Credit for salvage material sold, per subsection (e) below, shall be given. Such lien shall attach to the real property upon the filing of a certified copy of the order in the office of the clerk of the county superior court and shall relate back to the date of the filing of the lis pendens notice required under this section.

The [county] clerk shall record and index such order in the deed records and enter the lien on the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes, and shall continue in force until paid. After filing the order with the [county] clerk, and within 90 days of the repair, demolition or closure, the public officer shall forward a copy of the order and a final settlement of costs to the tax collector.

It shall be the duty of the tax collector 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 O.C.G.A. chapter 4 of Title 48; 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.

The tax collector shall remit the amount collected to the city. Thirty days after imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes.

(e)

If the dwelling, building or structure is removed or demolished by the public officer, reasonable efforts shall be made to salvage and sell reusable materials at private or public sale, and the proceeds of such sale shall be credited against the cost of the removal or demolition, and proper records shall be kept showing application of sales proceeds. Such sale shall be made without public advertisement and bid. The public officer and the city shall have no liability related to such sale, including due to defects. Nothing in this subsection shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(f)

The city 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.

(g)

The redemption amount shall be the full amount of costs as determined above, plus interest, penalties and costs incurred by the city and the tax collector and the enforcement of such lien. Redemption of property from the lien shall be per O.C.G.A. §§ 48-4-80, 48-4-81.

(Amend. of 6-12-2007, § 1)

State law reference

Abatement procedures, O.C.G.A. § 41-2-9.