§ 30-29. Trial procedure; appeal.

(a)

Trial procedure.

(1)

The burden at trial shall be upon the city to prove the existence of a public nuisance by a preponderance of the evidence. A written finding by any governmental officer, code enforcement officer, public health officer, fire inspector, life safety inspector, or building inspector, based upon physical inspection, that real property or a structure or condition existing upon real property is a health, safety, or environmental hazard shall constitute prima-facie evidence that such property, structure, or condition constitutes a public nuisance.

(2)

In addition to any penalties available pursuant to chapter 1, section 1-12, upon finding that a nuisance does exist, the court shall issue an order to the violator and/or the owner, the agent in control of or tenant in possession of the property stating that a nuisance has been found to exist and that the nuisance must be abated within so many hours or days as the judge may deem reasonable, having considered the nature of the nuisance and its effect on the public. The municipal court is empowered to enforce its judgments by contempt.

(b)

Appeal. Any final judgment entered by the municipal court under this article is subject to review by certiorari in the superior court of the county, upon application filed within 30 days of the service of said order upon the respondent(s).

(Ord. No. 17-2006, § 1, 8-28-06)

State law reference

Similar provisions, O.C.G.A. § 41-2-9.