05 LC
25 3829
House
Bill 96
By:
Representatives Marin of the
96th,
Floyd of the
99th,
Thomas of the
100th,
Casas of the
103rd,
and Coan of the
101st
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."
SECTION
2.
Said
chapter is further amended in subsection (a) 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 interested parties 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
court́s
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
or
she 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
or
her 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.