§ 18-95. Procedures for determining premises to be unsafe or unhealthful.

(a)

Whenever 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 or structure 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 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, 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 or the 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 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 city where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in 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. 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 the municipal court.

(b)

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 is not in compliance with applicable codes; is vacant and being used in connection with the commission of crimes; or constitutes en 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:

(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 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 crimes; or

(2)

If the repair, alteration or improvement of the dwelling, building or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at 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.

(c)

For purposes of this article, 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. The 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 or real estate appraisers with a state appraiser classification as provided in chapter 39A of title 43 of the O.C.G.A., 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 code relevant to the code violations in force in the city.

(d)

If the owner fails to comply with an order to repair or demolish the dwelling, building or structure, within the time period set forth in the order, the public officer shall 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 public officer 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 its use in connection with drug times [crimes] or constitutes an endangerment to public health or safety as result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful."

(e)

If the public officer 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 public officer and governing authority 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.

(f)

The amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the tax commissioner 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.

(g)

The lien provided for in subsection (f) shall attach to the real property upon the filing of a certified copy or the order requiring repair, closure or demolition in the office of the clerk of superior court of the county and shall relate back to the date of the filing of the lis pendens notice required under subsection (a). The clerk of superior court of the county shall record and index such certified copy of the order in the deed records of the county and enter the lien on the general execution docket. The lien shall be superior to all other liens on the property, except liens or taxes to which the lien shall be inferior, and shall continue in force until paid.

(h)

Upon final determination of costs, fees and expenses incurred in accordance with this article, the public officer responsible for enforcement actions shall transmit to the county tax commissioner or city tax collector a statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the public official shall be transmitted within 90 days of the completion of the repairs, demolition or closure. It shall be the duty of the county tax commissioner or city tax collector to collect the amount of the lien using all methods available for collecting real property and ad valorem taxes, including specifically O.C.G.A. tit. 48, ch. 4; 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 county tax commissioner shall collect and enforce city liens imposed pursuant to this article in accordance with O.C.G.A. § 48-5-359.1. The county tax commissioner or city tax collector shall remit the amount collected to the governing authority of the city. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes.

(i)

The redemption amount in any enforcement proceeding pursuant to this article shall be the full amount of the costs as finally determined in accordance with this article together with interest, penalties and costs incurred by the governing authority, county tax commissioner and city tax collector in the enforcement of such lien. Redemption of property from the lien may be made in accordance with the provisions at O.C.G.A. §§ 48-4-80 and 48-4-81.

(j)

The governing authority 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 at the real property or the dwelling, building or structure on the property and demonstrating the financial means to accomplish such rehabilitation.

(k)

The review of a court order requiring the repair, alteration, improvement or demolition of a dwelling, building or structure shall be by direct appeal to the superior court of the county under O.C.G.A. § 5-3-29.

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

State law reference

Similar provisions, O.C.G.A § 41-2-9.