Filing of Petition for Court Order Compelling Compliance With Notice

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If any owner, agent, or occupant fails to comply with the notice prescribed in Code Section 25-2-23 within the time specified in the notice, the state fire marshal or his delegated officials, with the approval of the Commissioner, may petition the court for a rule nisi to show cause why an order should not be issued by the court that the same be removed or remedied. Such court order shall forthwith be complied with by the owner or occupant of the premises or building within such time as may be fixed in the court order.

(Ga. L. 1949, p. 1057, § 20.)

OPINIONS OF THE ATTORNEY GENERAL

Purchase of junior fire marshal badges by state.

- State may purchase junior fire marshal badges for Comptroller General (now Commissioner of Insurance) as promotion of fire prevention. 1962 Op. Att'y Gen. p. 444.

Use of state funds for purchase of fire safety messages.

- For examples of messages containing fire safety message but also containing element of gratuity which outweighs educational value of message, thereby prohibiting state funds being used therefor, see 1962 Op. Att'y Gen. p. 445.

Violation of regulations adopted by Safety Fire Commissioner is misdemeanor and punishable accordingly, or may be corrected in conformity with Ga. L. 1949, p. 1057, § 20 (see now O.C.G.A. §§ 25-2-23 through25-2-25). 1970 Op. Att'y Gen. No. 70-147.

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 374. 13 Am. Jur. 2d, Buildings, § 39. 42 Am. Jur. 2d, Injunctions, §§ 6, 148.

C.J.S.

- 73A C.J.S., Public Administrative Law and Procedure, § 481 et seq.

ALR.

- Power to require closing of place of amusement or other place of public assembly because of fire hazard or unsanitary conditions, 140 A.L.R. 1048.


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