Monetary Penalty; Injunctive Relief

  1. Law
  2. Georgia Code
  3. Buildings and Housing
  4. Standards and Requirements for Construction, and Alteration, of Buildings and Other Structures
  5. Factory Built Buildings and Dwelling Units
  6. Manufactured Homes
  7. Monetary Penalty; Injunctive Relief

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  1. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, any retailer, retail broker, or manufacturer who fails to apply for or obtain a license as required by Code Section 8-2-135 or who fails to remit the appropriate license fee as stated in Code Section 8-2-135 shall be subject to a monetary penalty not to exceed $100.00 for each day that such violation persists, except that the maximum monetary penalty shall not exceed $20,000.00 for any one violation.
  2. Any such monetary penalty may be imposed by the Commissioner after notice and opportunity for hearing as provided under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The amount of such penalty may be collected by the Commissioner in the same manner that money judgments are now enforced in the superior courts of this state.
  3. In addition to any such monetary penalty, the Commissioner may bring a civil action to enjoin any violation of Code Section 8-2-135, and it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law.

(Ga. L. 1968, p. 415, § 6; Ga. L. 1973, p. 4, § 6; Ga. L. 1974, p. 491, § 1; Code 1981, §8-2-141; Ga. L. 1982, p. 1376, §§ 4, 7; Ga. L. 2004, p. 607, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Waiver of fee requirements by reciprocal agreement.

- Under Ga. L. 1973, p. 4, § 6 (see now O.C.G.A. § 8-2-141), the Georgia Safety Fire Commissioner cannot enter into a reciprocal agreement with another state waiving the fees imposed by Ga. L. 1973, p. 4, § 5 (see now O.C.G.A. § 8-2-135(5)).1973 Op. Att'y Gen. No. 73-73.


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