§ 101-114. Complaint and inspection; in rem procedure.

(a)

Whenever a request is filed with the code compliance officer by a public authority, or by at least five residents of the city, that any dwelling, building, structure, or property: 1) is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; 2) is vacant and being used in connection with the commission of drug crimes; 3) constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions; 4) has an accumulation of weeds, trash, junk, filth, and other unsanitary or unsafe conditions constituting a public health hazard or a general nuisance to those persons residing in the vicinity; 5) constitutes a public nuisance; or 6) has one or more of the conditions defined in section 101-113 above, the code compliance officer shall make an investigation or inspection of the specific dwelling, building, structure, or property. The code compliance officer may also inspect properties on his own information or determination regarding potential violations of this or other city ordinances.

(b)

The code compliance officer may, if his preliminary investigation discloses a basis for such charges, issue 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 may be filed and prosecuted by the city attorney or city solicitor. The complaint may be filed in the municipal court, pursuant to that court's jurisdiction under O.C.G.A. § 41-2-5, or in the Superior Court of the county in which the property where the violation is alleged to exist lies. A summons and the complaint shall be served on all interested parties in such dwelling, building, or structure.

(c)

The complaint shall:

(1)

Identify the subject real property by appropriate street address and official tax map reference;

(2)

Identify the interested parties;

(3)

State with particularity the factual basis for the action; and

(4)

Contain a statement of the action sought by the code compliance officer to abate the alleged nuisance, as well as other relief sought.

(d)

The summons shall notify the interested parties that a hearing will be held before a court of competent jurisdiction at a date and time certain and at a place as specified, depending on whether the complaint is filed in municipal court or Superior Court. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The interested parties 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.

(e)

If, after such notice and hearing, the court determines that the dwelling, building or structure in question is unfit for human habitation or is unfit for its current use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions; or otherwise constitutes a public nuisance, then the court shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the interested parties that have answered the complaint or appeared at the hearing an order stating:

(1)

If the repair, alteration, or improvement of the said dwelling, building, structure, or property can be made at a reasonable cost in relation to the present value of the dwelling, building, structure, or property, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or property so as to bring it into full compliance with the applicable codes relevant to the cited violation 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 in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property.

For purposes of this provision, 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 a factor 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, 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 the jurisdiction.

In any action brought to enforce the provisions of this article, the city shall be entitled to its reasonable attorney's fees and other litigation costs, such to be a lien against the property, unless the court determines that the failure to comply with this article was substantially justified based on the record as a whole.

(f)

If the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the code compliance officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed, or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a court order issued pursuant to O.C.G.A. § 41-2-13 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the 270 days in which such abatement action must commence. The code compliance officer shall cause to be posted on the main entrance of any building, dwelling, or structure 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, 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."

(g)

If the code compliance officer has the structure demolished, reasonable efforts shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any sale of such salvaged materials may be made without the necessity of public advertisement and bid. The code compliance officer and the governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials.

(h)

Where the abatement action is commenced in municipal court, 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 under O.C.G.A. § 5-3-29.

(i)

In addition to the procedures and remedies outlined above, the code compliance officer may issue citations for violations of state minimum standard codes, optional building, fire, and life safety codes adopted by or applicable in the city, and conditions creating a public health hazard or general nuisance, and may enforce such citations in a court of competent jurisdiction prior to issuing a complaint in rem as provided in this article.

( Ord. No. 317-12, § 1, 9-24-2012 )