§ 30-26. Declaration.

(a)

Nuisances generally. The following conditions may be declared to be nuisances:

(1)

Stagnant water on premises;

(2)

Any dead or decaying matter, weeds, vegetation or any fruit, vegetable, animal or rodent upon premises which is odorous or capable of causing disease or annoyance to the inhabitants of the city;

(3)

The generation of smoke and fumes in sufficient amount to cause an odor or annoyance to the inhabitants of the city;

(4)

The pollution of public water or the injection of matter into the sewage system that is damaging thereto;

(5)

Maintaining a dangerous or diseased animal or fowl;

(6)

Obstruction of a public street, highway or sidewalk without a permit;

(7)

Loud or unusual noises which are detrimental or annoying to the public, including, without limitation, unusual loud disturbances in or around churches or multiple-family complexes such as loud music and other activities in swimming pool and clubhouse areas;

(8)

All walls, trees and buildings that may endanger persons or property;

(9)

Any business or building where illegal activities are habitually and commonly conducted in such a manner as to reasonably suggest that the owner or operator of the business or building was aware of the illegal activities and failed to reasonably attempt to prevent those activities;

(10)

Unused iceboxes, refrigerators and the like unless the doors, latches or locks thereof are removed;

(11)

Any trees, shrubbery or other plants or parts thereof which obstruct clear, safe vision on roadways and intersections of the city;

(12)

Obstruction of a storm water drainage system or drainage easement;

(13)

The keeping of dilapidated furniture, appliances, machinery, bicycles and other toys, junk, debris or other equipment, including automobiles which are either in a wholly or partially wrecked, junked, dismantled or inoperative condition upon premises which are not completely enclosed within a building;

(14)

Tall grass, weeds and bushes, other undergrowth, and trash and debris of any type upon the premises of any dwelling unit or other structure, place or vacant lot; and

(15)

Any other condition constituting a nuisance under state law.

(b)

Nuisances related to dwellings, buildings or structures. The following conditions relating to dwellings, buildings or structures may be declared to be nuisances and shall be governed by the provisions of chapter 18, article IV.

(1)

Any premises, dwelling or other building or structure that:

a.

Is unfit for human habitation or for commercial, industrial or business occupancy or use;

b.

Is not in compliance with the applicable state minimum standard codes, any federal, state, county or local building, fire, life safety or other codes relative to the safe use of real property and real property improvements or general nuisance law;

c.

Constitutes a hazard to the health, safety and welfare of the people of the city; and

d.

For which public necessity exists for the repair, closing or demotion of such dwelling, building or structure;

(2)

Any premises, dwelling or other building or structure where there exists a condition or use of real estate that renders adjacent real estate unsafe or inimical to safe human habitation;

(3)

Any premises, dwelling or other building or structure that:

a.

Is unfit for human habitation or for commercial, industrial or business uses due to dilapidation;

b.

Is not in compliance with applicable codes; and

c.

Meets at least one of the following additional criteria:

1.

Has defects increasing the hazards of fire, accidents or other calamities;

2.

Lacks adequate ventilation, light or sanitary facilities;

3.

Where other conditions exist rendering such dwellings, buildings or structures unsafe or unsanitary, dangerous or detrimental to the health, safety or welfare;

4.

Is otherwise inimical to the welfare of the residents of the city; or

5.

Is vacant and/or dilapidated and where drug crimes are being committed;

(4)

Any other condition relating to dwellings, buildings or structures constituting a nuisance under state law.

(Ord. No. 17-2006, § 1, 8-28-06)

State law reference

Similar provisions, O.C.G.A. § 41-2-7.