Power of Counties and Municipalities to Repair, Close, or Demolish Unfit Buildings or Structures; Health Hazards on Private Property; Properties Affected

  1. Law
  2. Georgia Code
  3. Nuisances
  4. Abatement of Nuisances Generally
  5. Power of Counties and Municipalities to Repair, Close, or Demolish Unfit Buildings or Structures; Health Hazards on Private Property; Properties Affected

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  1. It is found and declared that in the counties and municipalities of this state there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use and not in compliance with the applicable state minimum standard codes as adopted by ordinance or operation of law or any optional building, fire, life safety, or other codes relative to the safe use of real property and real property improvements adopted by ordinance in the jurisdiction where the property is located; or general nuisance law and which constitute a hazard to the health, safety, and welfare of the people of this state; and that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures. It is found and declared that in the counties and municipalities of this state where there is in existence a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of this state and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent real estate unsafe or inimical to safe human habitation. Whenever the governing authority of any county or municipality of this state finds that there exist in such county or municipality dwellings, buildings, or structures which are unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and not in compliance with applicable codes; which have defects increasing the hazards of fire, accidents, or other calamities; which lack adequate ventilation, light, or sanitary facilities; or where other conditions exist rendering such dwellings, buildings, or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of such county or municipality, or vacant, dilapidated dwellings, buildings, or structures in which drug crimes are being committed, power is conferred upon such county or municipality to exercise its police power to repair, close, or demolish the aforesaid dwellings, buildings, or structures in the manner provided in this Code section and Code Sections 41-2-8 through 41-2-17.
  2. All the provisions of this Code section and Code Sections 41-2-8 through 41-2-17 including method and procedure may also be applied to private property where there exists an endangerment to the public health or safety as a result of unsanitary or unsafe conditions to those persons residing or working in the vicinity. A finding by any governmental health department, health officer, or building inspector that such property is a health or safety hazard shall constitute prima-facie evidence that said property is in violation of this Code section and Code Sections 41-2-8 through 41-2-17.
  3. The exercise of the powers conferred upon counties in this Code section and in Code Sections 41-2-8 through 41-2-17 shall be limited to properties located in the unincorporated areas of such counties.

(Ga. L. 1966, p. 3089, § 2; Ga. L. 1977, p. 4445, § 2; Code 1981, §41-2-7, enacted by Ga. L. 1982, p. 2107, § 45; Ga. L. 1983, p. 3, § 30; Ga. L. 1986, p. 10, § 41; Ga. L. 1986, p. 1508, § 1; Ga. L. 1988, p. 1419, § 2; Ga. L. 1989, p. 1161, § 1; Ga. L. 2001, p. 1196, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, in the first sentence of subsection (b), "property" was substituted for "proeprty" and a comma was deleted following "conditions."

Law reviews.

- For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986). For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 284 (1989).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Health, §§ 25, 34, 42-44. 58 Am. Jur. 2d, Nuisances, §§ 132, 133, 278.

C.J.S.

- 39A C.J.S., Health and Environment, §§ 30 et seq., 48, 49. 66 C.J.S., Nuisances, §§ 36, 40, 41, 109 et seq.

JUDICIAL DECISIONS

Cited in Walker County v. Tri-State Crematory, 284 Ga. App. 34, 643 S.E.2d 324 (2007).


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