§ 14-246. Duties of owners; appointment and designation of public officers; nuisance abatement procedure.

(a)

It is the duty of the owner of every dwelling, building, structure, or property within unincorporated Fulton County to (1) construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within unincorporated Fulton County, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure or property in violation of such codes or ordinances; and (2) to keep such property reasonably clean and free of any materials or conditions which create a health or safety hazard either on such dwelling, building, structure or property or to surrounding persons or dwellings, buildings, structures, or properties.

(b)

No owner shall allow any property located within unincorporated Fulton County to be used in the commission of drug crimes.

(c)

The Fulton County Board of Commissioners appoints or designates the director of the department of environment and community development, county fire chief, county police chief, and their designees as public officer(s) to exercise the powers prescribed by this article.

(d)

Whenever a request is filed with a public officer by a public authority; by at least five residents of unincorporated Fulton County; or upon the recommendation of the code enforcement board (following that board's determination that a violation continues to exist despite the board's order(s) to correct said violation and imposition of a fine), provided that there exist five or more affirmative votes for said recommendation, charging that any dwelling, building, or structure:

(1)

Is unfit for human habitation or for commercial, industrial, or business use or it appears to the public officer (on his own motion) that the dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use; or

(2)

Is vacant, dilapidated, and being used in connection with the commission of drug crimes; or

(3)

Constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer may, if his preliminary investigation discloses a basis for such charges, file in a court of competent jurisdiction and cause to be served upon the owner of and any parties in interest in such dwelling, building, or structure, a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists. The complaint shall contain a notice that a hearing will be held before a court of competent jurisdiction at a date and time certain, to be not less than 15 days nor more than 45 days after the filing of said complaint. The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner of the parties in interest, state with particularity the factual basis for the action, and contain a statement of the action sought by the public officer to abate the alleged nuisance.

(e)

The parties in interest shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for the hearing.

(f)

If, after such notice and hearing, the court determines that the property, dwelling, building, or structure under consideration meets one or more of the standards enumerated in subsection (d) so as to constitute a public nuisance, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the owner and any parties in interest that have answered the complaint or appeared at the hearing an order which does one of the following:

(1)

If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the value of the dwelling, building, or structure, requiring the owner or parties in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it into compliance with all applicable codes relevant to the cited violation(s) and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or

(2)

If the repair, alteration, or improvement of the said dwelling, building, or structure cannot be made at a reasonable cost in relation to the value of the dwelling, building, or structure, requiring the owner or parties in interest, within the time specified in the order, to remove or demolish such dwelling, building, or structure and all debris from the property.

For purposes of this article, the court shall make its determination of reasonable cost in relation to the present value of the dwelling, building, or structure without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure may be considered. Income and financial status of the owner shall not be factored in the court's determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43 of the O.C.G.A., qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in Fulton County.

(g)

The order entered under subsection (f) shall further provide that, if the owner or parties in interest fail to comply with an order to repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved, or to be vacated and closed, or demolished. The public officer shall cause to be posted on the main entrance of the building, dwelling, or structure so closed a placard with the following words:

"This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful."

(1)

If the owner fails to comply with any order to remove or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be removed or demolished; provided, however, that such removal or demolition shall not occur until the Fulton County Manager, in consultation with the Fulton County Attorney, has approved such removal or demolition with respect to the particular property or properties in question.

(h)

Costs of such vacating and closing or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred. Such costs shall include but not be limited to the costs of demolition, reasonable attorneys' fees, court costs, appraisal fees, administrative costs incurred by the tax commissioner, restoration to grade of the real property should it be demolished, and title examination costs. The order should recite the amount of costs incurred by Fulton County as of the date of the order. Upon preparing a final statement of costs, the public officer shall prepare a "lien for costs of abatement" detailing any and all such costs. Such lien shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition, in the office of the Clerk of Superior Court. The Clerk of Superior Court shall record and index such certified copy of the order in the deed records of Fulton County and enter the lien for costs abatement on the general execution docket. Such lien should cross-reference the order and include the original caption and case number from the nuisance abatement action. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid in full. After filing a certified copy of the order with the Clerk of Superior Court, the public officer shall forward a copy of the order and a final statement of costs to the tax commissioner.

(i)

It shall be the duty of the Fulton County Tax Commissioner to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48; provided, however, that the limitation of Code Section 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. The Fulton County Tax Commissioner shall remit the amount collected to the Fulton County Board of Commissioners. Thirty days after imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes.

(1)

The Fulton County Board of Commissioners may waive and release any such lien imposed on property upon the owner of such property entering into a contract with Fulton County agreeing to a timetable for rehabilitation of the real property of the dwelling, building, or structure on the property and demonstrating the financial means to accomplish such rehabilitation. Such contract shall include reimbursement to the county of all amounts and costs incurred in attempting to bring the property into compliance.

(2)

Where the abatement action does not commence in the Superior Court of Fulton County, review of a court order requiring the repair, alteration, improvement, or demolition of a dwelling, building, or structure shall be by direct appeal to the Superior Court of Fulton County under O.C.G.A. § 5-3-29.

(3)

The public officers designated herein may issue citations for violations of state minimum standard codes, optional building, fire, life safety, and other codes adopted by ordinance, and conditions creating a public health hazard or general nuisance, and may (but is not required to) seek to enforce such citation in a court of competent jurisdiction prior to issuing a complaint in rem as provided in this article.

(4)

Nothing in this article shall be construed to impair or limit in any way the power of Fulton County to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(Ord. No. 03-0497, § 6, 4-2-03)