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Home My WebLink AboutORD 6454 AMEND ARC CODE ADDING A NEW ARTI CLE Augusta Richmond GA DOCUMENT NAME: 0 rO'\ Y'\(}... n c.e. ~,I-{ {) L-\ DOCUMENT TYPE: 0 rr~~ fl~n ce. YEAR: 02. BOX NUMBER: I L( , FILE NUMBER: f ,5~Y \ NUMBER OF PAGES: 3 """ .. .- "ilr:. .' .. ~:.::-~ i ~, , --" / ORDINANCE NO. 6/15/1 AN ORDINANCE TO AMEND TITLE 7, CHAPTER 2 OF THE AUGUSTA- RICHMOND COUNTY CODE BY ADDING A NEW ARTICLE; TO ESTABLISH FINDINGS THAT DWELLINGS, BUILDINGS, OR STRUCTURES EXIST IN AUGUSTA, GEORGIA OF A NEGATIVE CONDITION OR CHARACTER AS DESCRIBED UNDER THE OFFICIAL CODE OF GEORGIA ANNOTATED (O.C.G.A.) SECTION 41-2-7; TO ADOPT THE FINDINGS HEREIN UNDER THE DESCRIPTION PROVIDED AND IN SECTION 41-2-7 BY COMPLYING WITH SECTION 41-2-9(a); TO PROVIDE SEVERABILITY; TO PROVIDE PENALTIES; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, state law under the Official Code of Georgia Annotated (hereinafter O.C.G.A.) 941-2-7et seq. allows municipalities to combat the negative impacts of nuisances by adopting local ordinances to control nuisance properties and structures by allowing repair, removal, and demolition; WHEREAS, O.C.G.A. 941-2-9(a) requires that a separate Ordinance finding that dwellings, buildings, or structures of negative condition as described in a.c.G.A. 941-2-7 be adopted by local governing authorities so that the benefits of O.C.G.A. 941-2-7 et. seq. can be utilized by the local government. WHEREAS, the duly elected governing authority of Augusta, Georgia is the Augusta- Richmond County Commission; and WHEREAS, Augusta-Richmond County Commission intends to adopt this Ordinance so as to comply with the a.c.G.A. 941-2-9(a) by adopting findings that there exist in Augusta, Georgia dwellings, buildings, or structures the condition and character of which meet the description found in a.c.G.A. S41-2-7. NOW, THEREFORE, BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF THE SAME AS FOLLOWS: Section 1. The Augusta-Richmond County Code is hereby amended by adding a new article to Title 7, Chapter 2, to be entitled "Article 3- Nuisance Abatement -In Rem Proceedings" and by adding a new section to be numbered as Section 7-3-43, which said Article and section shall read as follows: Page 1 of 3 .l,-.-~ , " ;. .- " ,7 ---:;-; ''; "Article 3 - Nuisance Abatement- In Rem Proceedings 7-3-44 Findings of the existence of nuisances (a) The governing authority of Augusta, Georgia find and declare that within Augusta 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 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 Augusta; or general nuisance law and which constitute a hazard to the health, safety, and welfare of the people of Augusta and the State of Georgia; and that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures. (b) It is further found and declared that in Augusta 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 ofthe people of Augusta 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. The governing authority of Augusta finds that there exists in Augusta dwellings, buildings, or structures which are unfit for human habitation or for commercial; industrial, or business uses due to dilapidation and which are 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 other conditions exist rendering such dwellings, buildings or structure unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of Augusta, or vacant, dilapidated dwellings, buildings, or structures in which drug crimes are being committed, and private property exists constituting an endangernlent to the public health or safety as a result of unsanitary or unsafe conditions to those persons residing or working in the vicinity ofthe property. (c) It is the intention of the governing authority that this Ordinance shall comply with and does comply with O.C.G.A. 941-2-9(a) as a finding that conditions as set out in O.C.G.A. 941-2-7 exist within Augusta, Georgia." Section 2. This Ordinance shall become effective upon adoption. Section 3. repealed', All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby Section 4. If any section, provision, or clause of any part of this Ordinance be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances be declared invalid or unconstitutional, such Page 2 of 3 \- . <..- -r ..... " .- , ;, '" -,r,< . . ' invalidity shall not be construed to affect portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not be included herein. Duly adopted this January ,2001. day of ,2001, and this 1 'ltll day of .~~ cf Bob Young, Ma 0 ATTEST: ~~ . /~ . n~~ er, lerk '" First Reading: January 15, 2002 Second Reading: Waive 2nd Reading Published in the Augusta Chronicle January 31 st 2002. Page 3 of 3