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03 LC 25 3021
House Bill 474
By: Representatives Marin of the 66th, Floyd of the 69th, Post 2, Coan of the 67th, Post 1, Rice of the 64th and Sheldon of the 71st, Post 2
By: Representatives Marin of the 66th, Floyd of the 69th, Post 2, Coan of the 67th, Post 1, Rice of the 64th and Sheldon of the 71st, Post 2
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 2 of Title 41 of the Official Code of
Georgia Annotated, relating to abatement of nuisances generally, so as to change
certain provisions relating to definitions relative to county and municipal
abatement powers; to change certain provisions relating to county or municipal
ordinances relating to unfit buildings or structures; to change certain
provisions relating to determinations by public officers that dwellings,
buildings, or structures are unfit or vacant, dilapidated, or being used in
connection with commission of drug crimes; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 2 of Title 41 of the Official Code of Georgia
Annotated, relating to abatement of nuisances generally, is amended in Code
Section 41_2_8, relating to definitions relative to county and municipal
abatement powers, by inserting a new paragraph to read as
follows:
"(5.1) 'Graffiti' means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad_tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface."
"(5.1) 'Graffiti' means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad_tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface."
SECTION 2.
Said chapter is further amended in subsection (b) of Code
Section 41_2_9, relating to county or municipal ordinances relating to unfit
buildings or structures, by striking paragraph (4) and inserting in lieu thereof
the
following:
"(4) That 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 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 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:
(A) If the repair, alteration, or improvement of the said 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 drug crimes; or
(B) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot 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 demolish and remove such dwelling, building, or structure and all debris from the property.
For purposes of this Code section, 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; and provided, further, that if the unsatisfactory condition is limited solely to the presence of graffiti, the dwelling, building, or structure shall not be ordered demolished or closed but may be ordered repaired. Income and financial status of the owner shall not be 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 Chapter 39A of Title 43, 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 codes relevant to the cited violations in force in the jurisdiction;"
"(4) That 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 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 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:
(A) If the repair, alteration, or improvement of the said 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 drug crimes; or
(B) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot 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 demolish and remove such dwelling, building, or structure and all debris from the property.
For purposes of this Code section, 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; and provided, further, that if the unsatisfactory condition is limited solely to the presence of graffiti, the dwelling, building, or structure shall not be ordered demolished or closed but may be ordered repaired. Income and financial status of the owner shall not be 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 Chapter 39A of Title 43, 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 codes relevant to the cited violations in force in the jurisdiction;"
SECTION 3.
Said chapter is further amended by striking subsection (a)
of Code Section 41_2_10, relating to determinations by public officers that
dwellings, buildings, or structures are unfit or vacant, dilapidated, or being
used in connection with commission of drug crimes, and inserting in lieu thereof
the
following:
"(a) An ordinance adopted by a county or municipality under Code Sections 41_2_7 through 41_2_9, this Code section, and Code Sections 41_2_11 through 41_2_17 shall provide that the public officer may determine, under existing ordinances, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of such county or municipality. Such conditions may include the following (without limiting the generality of the foregoing):
(1) Defects therein 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;and
(6) Uncleanliness.; or
(7) The presence of any graffiti which are visible from adjoining public or private property.
Such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a dwelling, building, or structure for human habitation or for its current commercial, industrial, or business use."
"(a) An ordinance adopted by a county or municipality under Code Sections 41_2_7 through 41_2_9, this Code section, and Code Sections 41_2_11 through 41_2_17 shall provide that the public officer may determine, under existing ordinances, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of such county or municipality. Such conditions may include the following (without limiting the generality of the foregoing):
(1) Defects therein 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
(7) The presence of any graffiti which are visible from adjoining public or private property.
Such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a dwelling, building, or structure for human habitation or for its current commercial, industrial, or business use."
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.