Notifying Department or Board of Health of Conditions on Private Property Which Are Injurious to the Public; Inspection Warrant; Notice to Owner and Occupant; Abatement

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  2. Georgia Code
  3. Health
  4. Administration and Enforcement
  5. General Provisions
  6. Notifying Department or Board of Health of Conditions on Private Property Which Are Injurious to the Public; Inspection Warrant; Notice to Owner and Occupant; Abatement

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  1. The provisions of this Code section shall apply only in those counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.
  2. Any person who knows or suspects that a condition exists on private property, which condition is injurious to the public health, safety, or comfort, shall immediately notify the Department of Public Health or the county board of health. Upon receiving such notice, the department or the county board of health shall be authorized to obtain an inspection warrant as provided in Code Section 31-5-21. If the department or the county board of health determines that there exists a condition which is injurious to the public health, safety, or comfort, the department or county board of health shall, by registered or certified mail or statutory overnight delivery with return receipt requested, notify the occupants of the property and, if different from the occupant, the person, firm, or corporation which owns the property. Notice to the owner shall be sent to the address shown on the county or municipal property tax records.
  3. If the department or the county board of health brings an action for injunction to abate a public nuisance which is injurious to the public health, safety, or comfort, process shall be served on the occupants of the property and on any person, firm, or corporation having any interest in the property according to the county property records. Service shall be made in accordance with Code Section 9-11-4; and, if any person, firm, or corporation to be served resides outside the state, has departed the state, cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons as provided in Code Section 9-11-4.
  4. In addition to any form of relief ordered by the court, the superior court may, as a part of its order, authorize the department or the county board of health to take appropriate action to abate such public nuisance. Any cost incurred by the department or the county board of health to abate such nuisance shall constitute a lien against the property, and such lien shall have the same status and priority as a lien for taxes.

(Code 1981, §31-5-10, enacted by Ga. L. 1985, p. 388, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2015, p. 598, § 1-10/HB 72.)

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the 2000 amendment was applicable to notices delivered on or after July 1, 2000.

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 63 (2015).

JUDICIAL DECISIONS

County's recovery of compensatory damages not authorized.

- When a county recovered, identified, and properly disposed of bodies found at a crematorium, O.C.G.A. §§ 31-5-10(d) and41-2-9(a)(7) did not authorize the county to recover the county's costs of doing so as compensatory damages in a tort action against the crematorium, funeral homes, and funeral directors alleging negligence and public nuisance claims; §§ 31-5-10 and41-2-9 do not authorize a county to obtain compensatory damages in a tort action as a means of redress for abating a public nuisance. Walker County v. Tri-State Crematory, 284 Ga. App. 34, 643 S.E.2d 324 (2007).

RESEARCH REFERENCES

ALR.

- Construction and application of "Municipal Cost Recovery Rule," or "Free Public Services Doctrine,", 32 A.L.R.6th 261.

ARTICLE 2 INSPECTION WARRANTS

Cross references.

- Further provisions regarding use of inspection warrants in enforcement of public health laws, § 37-1-70 et seq.

RESEARCH REFERENCES

ALR.

- Propriety of state or local government health officer's warrantless search - post-Camara cases, 53 A.L.R.4th 1168.


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