1 CHAPTER 48: ABATEMENT OF NUISANCE PROPERTY 48-1

CHAPTER 48: ABATEMENT OF NUISANCE PROPERTY

48-1. Purpose and Authority

48.2. Definitions

48-3. Duty of Owners

48-4. Enforcement

48-5. Complaints Relating to Unfit Dwellings or Structures

48-6. Service of Complaints

48-7. Order of the Court

48-8. Failure to Comply with Order of the Court

48-9. Salvage of Reusable Materials

48-10. Lien on Property

48-11. Waiver of Lien

48-12. Appellate Review; Injunction

48-13. Summary Proceedings

48-1. PURPOSE AND AUTHORITY

This Chapter is intended to provide additional enforcement authority to the County in accordance

with the abatement of nuisance provisions set forth in O.C.G.A. § 41-2-1, et seq.

A. The County intends that this Chapter shall comport with, and be susceptible to enforcement

under, O.C.G.A. § 41-2-1, et seq. Pursuant thereto, it is found and declared that there is the

existence or occupancy of dwellings or other buildings or structures which are unfit for

human habitation or for commercial, industrial, or business occupancy or use and are

detrimental to the welfare and are dangerous and injurious to the health, safety, and welfare

of the people of this County; and that a public necessity exists for the repair, closing, or

demolition of such dwellings, buildings or structures. It is further found and declared that

where there is in existence a condition or use of property which renders adjacent property

unsafe or inimical to safe human habitation, such use is dangerous and injurious to the

health, safety, and welfare of the people of this County and a public necessity exists for the

repair of such condition or the cessation of such use which renders the adjacent property

unsafe or inimical to safe human habitation.

B. Such dwellings, buildings, and property may be deemed unfit due to the following reasons;

dilapidation and not in compliance with applicable codes; defects increasing the hazards of

fire, accidents, or other calamities; lack of adequate ventilation, light or sanitary facilities;

properties that have an accumulation of weeds, trash, junk, filth, and/or other unsanitary or

unsafe conditions which create a public health hazard or a general nuisance to those persons

residing in the vicinity; other conditions resulting in a violation of this article which renders

such dwellings, buildings, or property unsafe, unsanitary, dangerous or detrimental to the

health, safety, or welfare, or otherwise detrimental to the welfare of the residents of the

County; or vacant, dilapidated dwellings or buildings in which drug crimes are being

committed.

48-2. DEFINITIONS

Except as otherwise provided herein, all words shall have the customary dictionary meaning. The

present tense includes the future tense; the singular shall include the plural, and the plural the

singular; and the use of masculine or feminine gender is for convenience only, and the use of each

shall include the other.

As used in this chapter, the term:

Applicable codes mean:

1. any optional housing or abatement standard provided in O.C.G.A. Title 8, Chapter 2,

as adopted by ordinance or operation of law, or other property maintenance or solid

waste standards as adopted by ordinance or operation of law, or general nuisance law,

relative to the safe use of real property;

2. (ii) any fire or life safety code as provided for in O.C.G.A. Title 25, Chapter 2; and

3. (iii) any building codes adopted by local ordinance prior to October 1, 1991, or the

minimum standard codes provided in O.C.G.A. Title 8, Chapter 2, after October 1,

provided that such building or minimum standard codes for real property improvements

shall be deemed to mean those building or minimum standard codes in existence at the

time such real property improvements were constructed unless otherwise provided by

law.

Closing means causing a dwelling, building, structure, or property to be vacated and secured

against unauthorized entry.

County means Dawson County.

Drug crime means an act which is a violation of O.C.G.A. Title 16, Chapter 14, art. 2, known as

the "Georgia Controlled Substances Act."

Dwellings, buildings, structures, or properties means any building or structure or part thereof used

and occupied for human habitation or commercial, industrial, or business uses, or intended to be

so used, and includes any outhouses, improvements, and appurtenances belonging thereto or

usually enjoyed therewith and also includes any building or structure of any design and any

associated property. However, as used in this article, the term "dwellings, buildings, structures, or

properties" shall not mean or include any farm, any building, structure, or property located on a

farm, or any agricultural facility or other building or structure used for the production, growing,

raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Interested parties means:

1. Owner;

2. Those parties having an interest in the property as revealed by a certification of title to the

property conducted in accordance with the title standards of the State Bar of Georgia;

3. Those parties having filed a notice in accordance with O.C.G.A. § 48-3-9;

4. Any other party having an interest in the property whose identity and address are

reasonably ascertainable from the records of the petitioner or records maintained in the

county courthouse or by the clerk of the court. Interested parties shall not include the holder

of the benefit or burden of any easement or right of way whose interest is properly recorded

which interest shall remain unaffected; and

5. Persons in possession of said property and premises.

Owner means the holder of the title in fee simple and every mortgagee of record.

Public authority means any member of a governing authority, any housing authority officer, or

any officer who is in charge of any department or branch of the government of Dawson County or

the state relating to health, fire, or building regulations or to other activities concerning dwellings,

buildings, structures, or properties in the county.

Public Officer means the officer or officers who are authorized to exercise the powers prescribed

by this article or any agent or designee of such officer or officers.

Repair means altering or improving a dwelling, building, structure, or property so as to bring the

structure or property into compliance with the applicable codes in the jurisdiction where the

property is located. This includes, but is not limited to, and the cleaning or removal of tall grass,

weeds, debris, trash, and other accumulated materials which create a health or safety hazard in or

about any dwelling, building, structure, or property.

Resident means any person residing in Dawson County on or after the date on which the alleged

nuisance arose.

48-3. DUTY OF OWNERS

Every owner of every dwelling, building, structure, or property within Dawson County, Georgia,

has the duty to construct and maintain such dwelling, building, structure, or property in

conformance with the applicable Dawson County Ordinances or other applicable codes which

regulate and prohibit activities on property and which declare it to be a public nuisance to

construct or maintain any dwelling, building, structure, or property in violation of such codes or

ordinances.

48-4. ENFORCEMENT

A. Designation of Public Officers

The Dawson County Manager, Dawson County Director of the Planning and Development,

the Dawson County Marshal, Dawson County Building Official, the Dawson County

Sheriff’s Office and their designees are all designated and appointed to exercise the power

presented by this Ordinance as Public Officers.

B. Powers of Enforcement Authorized

Each Public Officer is hereby authorized to exercise such power as may be necessary or

convenient to carry out and effectuate the purpose and provisions of this Ordinance and

O.C.G.A § 41-2-8 to § 41-2-17, including the following additional powers:

1. To investigate the dwelling conditions in the unincorporated area of the County in order

to determine which dwellings, buildings, structures, or properties therein are unfit for

human habitation or are unfit for current commercial, industrial, or business use;

2. To administer oaths and affirmations, to examine witnesses, and to receive evidence;

3. To enter upon premises for the purpose of making examinations provided, however,

that such entries shall be made in such manner as to cause the least possible

inconvenience to the persons in possession and shall follow applicable due process of

law;

4. To appoint and fix the duties of such officers, agents and employees as he/she deems

necessary to carry out the purposes of this Ordinances;

5. To delegate any of his/her functions and powers under this Ordinance to such officers

and agents as he may designate; and

6. To consult with any engineers or other qualified professionals in carrying out the

functions and powers of this Ordinance.

C. Standards for Determining Violation

The Public Officer may determine, under existing ordinances, including, but not limited to,

the Dawson County Property Maintenance Ordinance and the Dawson County Litter

Control and Solid Waste Management Ordinance, that a dwelling, building, structure, or

property is unfit for human habitation or is unfit for its current residential, commercial,

industrial, or business use if he/she finds that conditions exist in such building, dwelling,

structure, or property which are dangerous or injurious to the health, safety, or morals of

the occupants of such dwelling, building, structure or property; of the occupants of

neighborhood dwellings, buildings, structures or properties; or of other residents of

Dawson County, Georgia; such conditions may include the following (without limiting the

generality of the foregoing):

1. Defects increasing the hazards of fire, accidents, or other calamities;

2. Lack of adequate ventilation, light or sanitary facilities;

3. Dilapidation;

4. Disrepair;

5. Structural defects;

6. Uncleanliness constituting an unsanitary condition;

7. Tall grass and weeds which indicate long-term neglect, abandonment or vacancy;

8. Improperly maintained swimming pools which indicate long-term neglect,

abandonment, or vacancy;

9. Dwellings, buildings or structures that have been burned and left unrepaired;

10. An accumulation of solid waste or presence of inoperable or junked vehicles or

inoperable or junked marine vessels as such are defined in the Dawson County

Property Maintenance Ordinance and the Litter Control and Solid Waste

Management Ordinance;

11. Standing water allowed to pool in containers or on surfaces; and

12. Tire storage piles located less than fifty (50) feet from lot lines and buildings.

48-5. COMPLAINTS RELATING TO UNFIT DWELLINGS OR

STRUCTURES

A. Whenever a written request for an investigation to be conducted using the appropriate form

is filed with the Marshal’s Office or notification is received from a public authority or by

at least five residents of the County charging that any dwelling or building is unfit for

human habitation or for commercial, industrial, or business use and not in compliance with

applicable codes; or is vacant and being used in connection with the commission of illegal

activities; or constitutes an endangerment to the public health or safety as a result of

unsanitary or unsafe conditions, the Marshal’s Office along with other appropriate

personnel shall make an investigation or inspection of the specific dwelling, building,

structure, or property.

B. If the Marshal’s Office 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 commission of illegal activities; or constitutes an endangerment to the

public health or safety as the result of unsanitary or unsafe conditions, the Marshal’s Office

shall notify the board of commissioners of such finding and shall either issue a 30-day

notice to comply or file a complaint in rem as indicated below.

C. Issuance of 30-day notice. The Marshal’s Office may issue and cause to be served via

certified and regular mail upon the owner and any interested parties notice that the

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 illegal activities; or constitutes an

endangerment to the public health or safety as a result of unsanitary or unsafe conditions.

The notice shall instruct the owner to repair, alter, improve, vacate and close or demolish

said dwelling, building, structure, or property within 30 days of the date the notice is

mailed via regular delivery.

D. Filing a complaint. If the dwelling, building, structure or property is not repaired, altered,

improved, vacated and closed or demolished within 30 days, or, if the public official

determines that it is in the best interest of the county to proceed without first issuing a

30-day notice, the Marshal’s Office 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 interested parties for such dwelling, building, structure

or property.

E. The complaint shall identify the subject real property by appropriate street address and

official tax map reference; identify the owner and other interested parties; state with

particularity the factual basis for the action; and contain a statement of the actions sought

by the Marshal’s Office to abate the nuisance. The summons shall notify the interested

parties that a hearing will be held before the Magistrate Court at a date and time certain

and at a place within the County 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 the

Magistrate Court. The interested parties 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 the hearing.

48-6. SERVICE OF COMPLAINTS

A. Complaints issued by the Marshal’s Office pursuant to this division shall be served in the

following manner. At least 14 days prior to the date of the hearing, the Marshal’s Office

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 filing the complaint and at least 14 days prior

to the date of the hearing.

B. For interested parties whose mailing address is unknown, a notice stating the date, time

and place of the hearing shall be published in the legal organ in which the County’s

advertisements appear in Dawson County once a week for two consecutive weeks prior to

the hearing.

C. A notice of lis pendens shall be filed in the Office of the Clerk of Superior Court in Dawson

County at the time of filing the complaint in the Magistrate Court. Such notice shall have

the same force and effect as other lis pendens notices provided by law.

D. Orders and other filings made subsequent to service of the initial complaint shall be served

in the manner provided in this section on any interested party who answers the complaint

or appears at the hearing. Any interested party who fails to answer or appear at the hearing

shall be deemed to have waived all further notice in the proceedings.

48-7. ORDER OF THE COURT

If, after notice and hearing as provided above, the Magistrate 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; or 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 court shall issue an order that states in writing its findings

of fact in support of such determination and shall issue and cause to be served upon the interested

parties that have answered the complaint or appeared at the hearing, an order as follows:

A. If the repair, alteration, or improvement of the said 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

B. If the repair, alteration or improvement of the said dwelling, building, structure, or property

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 demolish and remove such dwelling, building or structure and all debris from the

property.

For purposes of this section, the court shall make its determination of "reasonable cost in relation

to the present value of the dwelling, building, structure or property" 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 Georgia Appraiser classification as provided in O.C.G.A. Title 43, Chapter 39A,

qualified building contractors, or qualified building inspectors without actual testimony presented.

Costs of repair, alternation, or improvement of the structure shall be the costs necessary to bring

the structure into compliance with the applicable codes relevant to the cited violations in force in

Dawson County.

48-8. FAILURE TO COMPLY WITH ORDER OF THE COURT

If the owner fails to comply with an order of the court to repair, alter, improve, remove, close, or

demolish the dwelling, building, structure, or property, the Marshal’s Office 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. 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 Marshal’s Office shall cause to be posted on the main

entrance of the dwelling, building, structure, or property 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 crimes or constitutes an endangerment to public health or safety as a result of unsanitary or

unsafe conditions. The use or occupation of this dwelling, building or structure is prohibited and

unlawful.”

48-9. SALVAGE OF REUSABLE MATERIALS

If the Marshal’s Office has the structure demolished, reasonable effort shall be made to salvage

reusable materials for credit against the cost of demolition. The proceeds of any money 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, according to O.C.G.A. § 41-2-9(a)(6).

The Marshal’s Office and Board of Commissioners 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 consistent with O.C.G.A. § 41-2-9(a)(6).

48-10. LIEN ON PROPERTY

A. The cost of repairing, altering, improving, removing, closing or demolishing the dwelling,

building or structure incurred by the Marshal’s Office in accordance with exercising his/her

authority as described in this Article, including all court costs, appraisal fees,

administrative costs incurred by the Dawson County 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. Said lien shall attach to the real property upon the filing of a certified copy

of the order requiring repair, closure or demolition in the Office of the Clerk of Superior

Court of Dawson County and shall relate back to the date of the filing of the lis pendens

notice required in this article. The Clerk of Superior Court 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

for taxes to which the lien shall be inferior, and shall continue in force until paid.

B. Upon final determination of costs, fees and expenses incurred in accordance with this

section, the Marshal’s Office shall transmit to the Dawson County Tax Commissioner 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 Marshal’s Office shall be

transmitted within 90 days of completion of the repairs, demolition or closure. It shall be

the duty of the County Tax Commissioner to collect the amount of the lien using all

methods available for collecting real property ad valorem taxes, including, specifically,

O.C.G.A. Title 48, Chapter 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 remit the amount collected to the Dawson

County Board of Commissioners.

C. Enforcement of liens pursuant to this section may be initiated at any time following receipt

by the Dawson County Tax Commissioner of the final determination of costs. 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. An enforcement proceeding pursuant to O.C.G.A. § 48-4-78 for

delinquent ad valorem taxes may include all amounts due under this section.

D. 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 section, together with

interest, penalties, and costs incurred by the County and the Dawson County Tax

Commissioner in the enforcement of such lien. Redemption of property from the lien may

be in accordance with O.C.G.A. § 48-4-80 and § 48-4-81.

E. This section is intended to adopt and be consistent with O.C.G.A. § 41-2-9(b).

48-11. WAIVER OF LIEN

The County may waive and release any lien imposed on property if the owner of such property

enters into a contract with the County 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.

48-12. APPELLATE REVIEW; INJUNCTION

Review of the Magistrate Court's order requiring the repair, alteration, improvement, or demolition

of a dwelling, building or structure shall be by direct appeal to the Dawson County Superior Court

according to O.C.G.A. § 5-3-29.

Any person affected by an order issued by the Public Officer may petition to the Dawson County

Superior Court for an injunction restraining the Public Officer from carrying out the provisions

of the order, and the court may, upon such petition, issue a temporary injunction restraining the

public officer pending the final disposition of the cause; provided, however, that such person

shall present such petition to the court within 15 days of the posting and service of the order of

the public officer. De novo hearings shall be held by the court on petitions within 20 days. The

court shall hear and determine the issues raised and shall enter such final order or decree as law

and justice may require; provided, however, that it shall not be necessary to file bond in any

amount before obtaining a temporary injunction under this section.

48-13. SUMMARY PROCEEDINGS

Nothing in this Article shall be construed to impair or limit in any way the power of the County to

define and declare nuisances and to cause their removal or abatement by summary proceedings or

otherwise when, upon a majority vote of the Dawson County Board of Commissioners, the County

determines that a nuisance exists and the repair, alteration, improvement, removal, closing or

demolition will not exceed $1,000.00.