§ 101-111. Definitions.

As used in this article, the following words, terms and definitions shall apply:

Applicable codes means: (a) any optional housing or abatement standard provided in Chapter 2 of Title 8 of the Official Code of Georgia as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property, including the Mountain Park Building Code Ordinance; (b) any fire or life safety code as provided for in Chapter 2 of Title 25 of the Official Code of Georgia, including all state minimum standard codes; and (c) any building codes adopted by local ordinance prior to October 1, 1991, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those buildings or standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law.

Closing means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry.

Code compliance officer means the officer or officers who are appointed by the governing authority and authorized to exercise the powers prescribed by this article relating to the inspection for violations of the article's provisions and the issuance of complaints upon determining that a violation has occurred, including the building official and including also the city code enforcement officer.

Drug crime means an act which is a violation of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia, known as the "Georgia Controlled Substances Act."

Dwelling, building, structure, or property means any building, structure or property, or part thereof, used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. The term "dwelling, building, structure, or property" shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Governing authority means the mayor and city council of the City of Mountain Park, Georgia.

Interested parties means:

(1)

Owner;

(2)

Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia;

(3)

Those parties having filed a notice in accordance with O.C.G.A. § 48-3-9;

(4)

Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. Interested parties shall not include the holder of the benefit or burden of any easement or right-of-way whose interest is properly recorded which interest shall remain unaffected; and

(5)

Persons in possession of said property and premises.

Owner means the holder of the title in fee simple and every mortgagee of record.

Person means any natural person, corporation, partnership (general or limited), limited liability company, estate, trust or other entity or artificial person, or combination thereof.

Public authority means the governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the city or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the city.

Repair means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, structure or property.

Resident means any person residing in the City of Mountain Park on or after the date on which the alleged nuisance arose.

( Ord. No. 317-12, § 1, 9-24-2012 )