§ 18-17. Violations.

Any person, firm, corporation, owner, agent or tenant who violates a provision of this article or the adopted codes, or fails to comply therewith, or with any of the requirements thereof, or erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or violates a detailed statement or drawing submitted and permitted thereunder, or causes same to be done, shall be guilty of a misdemeanor.

(1)

Notice of violation.

a.

Issuance. Where the BSD finds work or conditions at or on any buildings, premises or structures, or electrical, gas, mechanical or plumbing system that is being performed contrary or maintained contrary to the provisions of the construction codes or in a dangerous or unsafe manner, the BSD is authorized to issue corrective orders.

b.

Notice. Wherever the BSD determines violations of this Code or observes an apparent or actual violation of a provision of this Code or other codes or ordinances under the building official's jurisdiction, the BSD is authorized to prepare a written notice of violation, describing the violations, or conditions deemed unsafe or unlawful and, where compliance is not immediate, specifying a time for re-inspection. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

c.

Service. Any order or notice issued pursuant to this Code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service, mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such order or notice shall be posted on the premises in a conspicuous place at or near the entrance to such premises, and the order or notice shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both. Routinely issued inspection field reports, correction notices, and orders associated with active permits, and of a routine and non-emergent nature, shall not be required to be mailed to the owner, occupant or both, but shall remain posted on site with the permit and permit card.

d.

Compliance with orders and notices. Orders and notices issued or served as provided by this Code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the order or notice pertains.

e.

Unlawful continuance. Any person, firm, corporation, owner, agent or tenant who shall continue any work in or about the structure after having been served with an order or notice, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

f.

Failure to comply. Failure to comply with an abatement notice or other corrective notice issued by the BSD shall result in each day that such violation continues being regarded as a new and separate offense.

g.

Failure to correct violations. If the notice of violation is not complied with, the BSD personnel, fire marshal or other legal officers as may be designated by the director of planning, zoning and economic development are authorized to issue citations and request the legal counsel of the jurisdiction to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of any order or direction made pursuant thereto.

h.

Unauthorized tampering. Signs, tags or seals posted or affixed by the BSD personnel, fire marshal or other legal officers shall not be mutilated, destroyed or tampered with or removed without authorization from the BSD.

(2)

Stop work order and emergencies.

a.

Issuance. Upon notice from the BSD personnel, fire marshal or other legal officers as may be designated by the director of planning, zoning and economic development, that any work is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. For unattended or abandoned locations, a copy of such stop work order shall be posted on the premises in a conspicuous place at or near the entrance to such premises, and a copy of the order shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both. The notice shall state the conditions under which work is authorized to resume.

b.

Emergencies. Where an emergency exists, the BSD personnel, fire marshal or other legal officers as may be designated by the director of planning, zoning and economic development shall not be required to give a written notice prior to stopping the work or requiring the immediate abatement of a threat to life safety.

c.

Unlawful continuance. Any person, firm, corporation, owner, agent or tenant, who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(3)

Citations.

a.

Contents of citation.

1.

The citation shall name as respondent(s) the person or persons alleged responsible for the creation or maintenance of the violation. Where the violation involves a condition or activity existing upon private property, the owner(s) of such property, and any interested party shall also be named as a respondent. For purposes of this article, "owner of private property" shall mean the holder of the title in fee simple and holder of every mortgage, deed to secure debt, lien or judgment, as recorded in the title records of the county. "Interested party" shall mean an interested party as defined in O.C.G.A. § 48-4-77 and persons in possession of said property and premises.

2.

The citation shall plead with specificity all facts necessary to show the existence and location of the alleged violation and its duration or frequency of reoccurrence.

3.

The citation shall contain the specific date and time of the hearing before the municipal court, which hearing shall occur at least 14 days after issuance of the citation, or in the case of emergencies or issues of life safety, the hearing may occur sooner.

b.

Service of citation.

1.

A copy of the citation shall be served in one of the following ways:

i.

Personal service upon each respondent who is a resident of the city. Service shall be perfected at least ten days prior to the date of hearing. If personal service cannot be perfected, service of the citation shall be made utilizing the method set out in subparagraph ii, iii, and iv as applicable.

ii.

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 the filing of the complaint and at least 14 days prior to the date of the hearing. It is hereby declared a violation of this section to deface, destroy or remove a posted notice on the property, and violation of this section shall subject the violator to penalties pursuant to chapter 1, section 1-12.

iii.

For interested parties whose mailing address is unknown, a notice of the date, time and place of the hearing shall be published in the newspaper in which the sheriff's advertisements appear in the county once a week for two consecutive weeks prior to the hearing.

iv.

In the event a party is a minor, estate, an incompetent person, or person laboring under disabilities, the guardian or personal representative of such person shall be served. If such person has no guardian or personal representative, service shall be perfected upon the probate judge of the county of residence, who shall appoint a guardian ad litem for such person.

2.

Personal service under this article may be perfected by the building safety division manager, building official, fire marshal or other legal officers as may be designated by the director of planning, zoning and economic development and/or a law enforcement officer of the city.

3.

Proof of service shall be filed with the clerk of the municipal court prior to the date of hearing.

4.

For unfit dwellings, buildings or structures, a notice of lis pendens shall be filed in the office of the clerk of superior court in the county at the time of filing the complaint in municipal court. Such notice shall have the same force and effect as other lis pendens notices provided by law.

5.

Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this article on the owner and any party in interest who answers the complaint or appears at the hearing. Any party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings.

( Ord. No. 03-2014, § 1(Exh. A), 5-28-14 )