Prior Ordinances Relating to Repair, Closing, or Demolition of Unfit Buildings or Structures

  1. Law
  2. Georgia Code
  3. Nuisances
  4. Abatement of Nuisances Generally
  5. Prior Ordinances Relating to Repair, Closing, or Demolition of Unfit Buildings or Structures

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Ordinances relating to the subject matter of Code Sections 41-2-7 through 41-2-16 and this Code section adopted prior to July 1, 2001, shall have the same force and effect on and after said date as ordinances adopted subsequent to and by authority of these Code sections.

(Code 1981, §41-2-17, enacted by Ga. L. 1982, p. 2107, § 45; Ga. L. 1991, p. 94, § 41; Ga. L. 2001, p. 1196, § 5.)

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).

JUDICIAL DECISIONS

Construction with § 41-2-9. - It was error to hold, based on O.C.G.A. § 41-2-17, that landowners were not entitled under O.C.G.A. § 41-2-9(d) to directly appeal from a municipal court's demolition order because the city's nuisance ordinance predated § 41-2-9(a). Section41-2-9(d) was a specific statute, thereby prevailing over the general statute, § 41-2-17, and as § 41-2-9(d) was unambiguous, the court would not read any limitation onto the statute's plain meaning. Yasmine's Entm't Hall v. City of Marietta, 292 Ga. App. 114, 663 S.E.2d 741 (2008).

CHAPTER 3 PLACES USED FOR UNLAWFUL SEXUAL AND DRUG ACTIVITIES

Sec.

  • 41-3-1. "Sexually related charges" defined; establishment, maintenance, or use of building, structure, or place for sexually related activities; evidence of nuisance.
  • 41-3-1.1. Substantial drug related activity upon real property; knowledge of owner; remedies cumulative.
  • 41-3-2. Action to enjoin nuisance perpetually; temporary restraining order or interlocutory injunction authorized.
  • 41-3-3. Dismissal of complaint filed by private citizen; substitution of district attorney or another private citizen for original complainant.
  • 41-3-4. Notice of hearing upon application for temporary restraining order or interlocutory injunction.
  • 41-3-5. Procedure for trial of action generally; admissibility of evidence of general reputation of building, structure, or place.
  • 41-3-6. Taxation of cost of action against private citizen bringing action without reasonable ground or cause.
  • 41-3-7. Order of abatement generally; breaking and entering or using closed building, structure, or place; fees for removal, sale, or closure of property.
  • 41-3-8. Disposition of proceeds of sale of personal property.
  • 41-3-9. Suspension of abatement order and release of property; effect of release of property.
  • 41-3-10. Issuance of permanent injunction; entry and enforcement of judgment; disposition of sums arising from enforcement of judgment.
  • 41-3-11. Injunction binding throughout judicial circuit in which issued; violation of provisions of injunction deemed contempt.
  • 41-3-12. Contempt proceedings; punishment for contempt of court.
  • 41-3-13. Abatement of nuisance by state courts and municipal courts of municipalities having population of 15,000 or more.
Cross references.

- Penalties for sodomy, prostitution, keeping place of prostitution, and other offenses, T. 16, C. 6.

Use of rooms in roadhouses, public dance halls, and other facilities for immoral purposes, § 43-21-61.

JUDICIAL DECISIONS

Nude dancing.

- Nuisance statute had no application in the context of an action attempting to enjoin nude dancing at the defendant's establishment. Fenimore v. State, 263 Ga. 760, 438 S.E.2d 911 (1993).

Cited in Davis v. Stark, 198 Ga. 223, 31 S.E.2d 592 (1944); Imperial Massage & Health Studio, Inc. v. Lee, 231 Ga. 482, 202 S.E.2d 426 (1973).


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