Notice of Denial of Individual Sewage Disposal Permits; Duty to Consider Denial in Ad Valorem Tax Determinations

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  2. Georgia Code
  3. Conservation and Natural Resources
  4. Waste Management
  5. General Provisions
  6. Notice of Denial of Individual Sewage Disposal Permits; Duty to Consider Denial in Ad Valorem Tax Determinations

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  1. As used in this Code section, the term "individual sewage disposal system" means a sewage disposal system, other than a public or community sewage disposal system, serving a single building, residence, or other facility designed or used for human occupancy or congregation and shall include septic tank systems and pit privies.
  2. In any case in which an application for an individual sewage disposal system permit is denied, it shall be the duty of the Department of Public Health or the county board of health denying such permit to notify the applicant, in writing, of such denial. Such notices shall be mailed by first-class mail within 15 days of the date on which the application is denied. The notice shall contain the name and address of the applicant, a description of the property involved, the reasons for denial of the permit, and notification that the applicant should contact the county board of tax assessors for ad valorem tax purposes. It shall be the duty of the county board of tax assessors and the county tax appraisal staff of the county in which the property is located to consider the denial of an individual sewage disposal system permit and the reasons for such denial in determining the fair market value of such property for ad valorem tax purposes.

(Code 1933, § 88-310, enacted by Ga. L. 1978, p. 1663, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in the first sentence of subsection (b).

Cross references.

- County ad valorem taxation generally, § 48-5-220 et seq.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

RESEARCH REFERENCES

C.J.S.

- 39A C.J.S., Health and Environment, § 80.

ALR.

- Injunction to prevent establishment or maintenance of garbage or sewage disposal plant, 47 A.L.R. 1154.


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