HomeMy WebLinkAboutORD 6455 AMEND ARC CODE ADDING NEW SECTIONS
Augusta Richmond GA
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FILE NUMBER: /5C/1 2.
NUMBER OF PAGES: /2-
ORDINANCE NO. 6455
AN ORDINANCE TO AMEND TITLE 7, CHAPTER 2 OF THE CODE OF
AUGUSTA-RICHMOND COUNTY BY ADDING SECTIONS 7-3-44,7-3-45
AND 7-3-46; TO ESTABLISH RULES AND REGULATIONS FOR
ABATEMENT OF UNSAFE OR UNHEALTHFUL PREMISES; 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, the legislature ofthe State of Georgia adopted a state nuisance abatement
law in order to empower local communities to combat the negative impacts of unfit buildings
and structures under Official Code of Georgia Annotated (O.e.G.A.) 941-2-7 et. seq.;
WHEREAS, the legislature, effective July 1,2001 amended a.c.G.A. 941-2-7 et. seq. to
further clarify nuisance abatement procedures and to provide further due process of law;
WHEREAS, Augusta, Georgia adopted a nuisance abatement local ordinance pursuant to
O.C.G.A. 941-2-7 et. seq.;
WHEREAS, Augusta, Georgia declares and finds 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 which are not in
compliance with the applicable state or minimum standard codes as adopted by local ordinance
or operation of law or any building, fire, life safety or other codes relative to the safe use of real
property and real property improvements adopted by local ordinance of Augusta, Georgia; or '
general nuisance law and which constitute a hazard to the health, safety, and welfare of the
people of Augusta; and that a public necessity exists for the repair, closing, or demolition of such
dwellings, buildings, or structures;
WHEREAS, it is found and declared that within Augusta there are in existence
conditions or uses ofreal estate which renders adjacent real estate unsafe or inimical to safe
human habitation, that such uses are dang~rous and injurious to the health, safety, and welfare of
the people of Augusta and a public necessity exists for the repair of such conditions or the
cessation of such uses which renders the adjacent real estate unsafe or inimical to safe human
habitation;
WHEREAS, Augusta, Georgia 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 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 where other conditions exist rendering such dwellings, buildings,
or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or
otherwise inimical to the welfare of the residents of such county or municipality, or in which
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drug crimes are being committed, power is conferred upon Augusta under O.C.G.A. 941-2-7 et.
seq. as amended to exercise Augusta's police power to repair, close, or demolish the aforesaid
dwellings, buildings, or structures in the manner provided in this Ordinance and;
WHEREAS, on private property in Augusta there exists endangerment to the public
heath or safety as a result of unsanitary or unsafe conditions to those persons residing or working
in the vicinity ofthe unsanitary or unsafe private property.
NOW, THEREFORE, BE IT ORDAINED BY THE AUGUSTA-RICHMOND
COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUHTORITY OF
SAME AS FOLLOWS:
Section 1.
The Augusta-Richmond County Code, Title 7, Chapter 2, Article 3, is
hereby amended by adding new sections to be numbered as 7-3-44 through 7-3-46 which said
sections shall read as follows:
9 7-3-44
DEFINITIONS
(a)
"Applicable codes" shall mean
(1) Any technical code, together with applicable appendices, adopted
in Augusta-Richmond County Code 97-1-16, as currently provided
or hereafter amended.
(2) Any optional housing or abatement standard provided in Chapter 2
of Title 8 of the O.C.G.A. as adopted by ordinance or operation of
law, or general nuisance law, relative to the safe use of real
property;
(3) Any fire or life safety code as provided for in Chapter 2 of Title 25
of the a.e.G.A.; and
(4) Any building codes adopted by local ordinance prior to October 1,
1991, or the minimum standard codes provided in O.C.G.A.
Chapter 2 of Title 8 after October 1 provided that such building or
minimum standard codes for real property improvements shall be
deemed to mean those building or minimum standard codes in
existence at the time such real property improvements were
constructed unless otherwise provided by law.
(b) "Closing" shall mean causing a dwelling, building, or structure to be
vacated and secured against unauthorized entry.
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(c) "Drug crime" shall mean an act which is a violation ofO.C.G.A. Article
2 of Chapter 13 of Title 16, known as the Georgia Controlled Substances
Act.
(d) "Dwellings, buildings, or structures" shall mean any building or
structure or part thereof used and occupied for human habitation or
commercial, industrial, or business use, or intended to be so used, and
includes any outhouses, improvements, and appurtenances belonging
thereto or usually enjoyed therewith and also includes any building or
structure of any design. The term 'dwellings, buildings, or structures' 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.
(e) "Governing authority" shall mean the Augusta-Richmond County
Commission.
(f) "Municipality" shall mean Augusta-Richmond County.
(g) "Owner" shall mean the holder of the title in fee simple and every
mortgagee of record.
(h) "Parties in interest" shall mean:
(1) Persons in possession of said property and premises;
(2) Persons having a record in the county in which the dwelling,
building, or structure is located any vested right, title, or interest in
or lien upon such dwelling, building, or structure or the lot, tract,
or parcel of real property upon which the structure is situated or
upon which the public health hazard or general nuisance exists
based upon a 50 year title examination conducted in accordance
with the title standards of the State Bar of Georgia;
(3) Persons having paid an occupational tax to the governing authority
for a location or office at the subject building or structure; or
(4) Persons having filed a property tax return with the governing
authority as to the subject property, building, or structure.
(i) "Public authority" shall mean any member of a governing authority, any
housing authority officer, or any officer who is in charge of any
department or branch of the government of the municipality, county, or
state relating to health, fire, or building regulations or to other activities
concerning dwellings, buildings, or structures in the county or
municipality.
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(1)
97-3-45
(j)
"Public officer" shall mean the officer or officers who are authorized by
O.c.G.A. Section 41-2-7, Section 41-2-8 and Sections 41-2-9 through 41-
2-17 and by this Ordinance adopted under Section 41-2-7, Section 41-2-8,
and Sections 41-2-9 through 41-2-17 to exercise the powers prescribed by
this article or any agent of such officer or officers.
(k)
"Repair" shall mean altering or improving a dwelling, building, or
structure so as to bring the structure into compliance with the applicable
codes in the jurisdiction where the property is located 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,
or structure.
"Resident" shall mean any person residing in the jurisdiction where the
property is located on or after the date on which the alleged nuisance
arose.
DUTIES OF OWNERS
It is the duty of the owner of every dwelling, building, structure, or property
within the jurisdiction of Augusta to construct and maintain such dwelling, building,
structure, or property in conformance with applicable codes in force within Augusta, 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;
97-3-46
(a)
NUISANCE ABATEMENT PROCEDURES
Appointment of public officer
The Augusta-Richmond County Commission appoints and
designates the Director, License and Inspection and his/her designee as
public officer(s) to exercise the powers prescribed by this Article;
(b) Procedures for determining premises to be unsafe or unhealthful.
(1) Whenever a request is filed with the public officer by a public
authority or by at least five (5) residents of Augusta charging that
any dwelling, building, or structure is unfit for human habitation or
for commercial, industrial or business use and not in compliance
with applicable codes; is vacant and being used in connection with
the commission of drug crimes; or constitutes an endangerment to
the public health or safety as a result of unsanitary or unsafe
conditions, the public officer shall make an investigation or
inspection of the specific dwelling, building, structure, or property.
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If the public officer's investigation or inspection identifies that any
dwelling, building, structure, or property is unfit for human
habitation or for commercial, industrial, or business use and not in
compliance with applicable codes; is vacant and being used in
connection with the commission of drug crimes; or constitutes an
endangerment to the public health or safety as a result of
unsanitary or unsafe conditions, the public officer shall make an
investigation or inspection of the specific dwelling, building,
structure, or property. If the officer's investigation or inspection
identifies that any dwelling, building, structure, or property is unfit
for human habitation or for commercial, industrial, or business use
and not in compliance with applicable codes; is vacant, and being
used in connection with the commission of drug crimes; or
constitutes an endangerment to the public health or safety as a
result of unsanitary or unsafe conditions, the public officer may
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 and
shall cause summons and a copy of the complaint to be served on
the owner and parties in interest in such dwelling, building, or
structure. 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. The
summons shall notify the owner and parties in interest that a
hearing will be held before a court of competent jurisdiction as
determined by O.C.G.A. Section 41-2-5, at a date and time certain
and at a place within Augusta where the property is located. Such
hearing shall be held not less than fifteen (15) days nor more than
forty- five (45) days after the filing of said complaint in court. The
owner and 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 hearing;
(2) 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 commercial, industrial, or
business use and not in compliance with applicable codes; is
vacant and being used in connection with the commission of drug
crimes; or constitutes an endangerment to the public health and
safety as a result of unsanitary or unsafe conditions, 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:
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a. If the repair, alteration, or improvement of the said
dwelling, building, or structure can 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 repair, alter, or improve such
dwelling, building, or structure 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
cnmes; or
b. 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 ofthe 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 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 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 with a Georgia appraiser
classification as provided in Chapter 39A of Title 41, of the
a.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 the jurisdiction.
c. If the owner fails 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, improved, 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 a
placard with the following words:
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'This building is unfit for human habitation
or commercial, industrial, or business use
and does not comply with 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.'
d. If the public officer has the structure demolished,
reasonable effort shall be made to the salvage reusable
materials for credit against the cost of demolition. The
proceeds of any moneys received from 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 such sale
of salvaged materials may be made without necessity of
public advertisement and bid. The public officer and
Augusta 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.
e. The amount of the cost of demolition, including all court
costs, appraisal fees, administrative costs incurred by the
tax commissioner, and all other costs necessarily associated
with the abatement action, including restoration to grade of
the real property after demolition, shall be a lien against the
real property upon which such cost was incurred.
1. The lien provided for in paragraph e. of subsection
2. of this Ordinance section 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 in Richmond
County and shall relate back to the date of the filing
of the lis pendens notice required under subsection
(g) ofO.C.G.A. 941-2-12. The Clerk of Superior
Court shall record and index such certified copy of
the order in the deed records of Richmond County
and enter the lien on the general execution docket.
The lien shall be superior to all other liens on
property, except liens for taxes to which the lien
shall be inferior, and shall continue in force until
paid. After filing certified copy of the order with
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Clerk of Superior Court, the public officer shall
forward a copy of the order and final statement of
costs to the county tax commissioner. It shall be
duty of the county tax commissioner to collect the
amount of lien in conjunction with the collection of
ad valorem taxes on the property and to collect the
amount of the lien as ifit were real property ad
valorem tax, using all methods available for
collection of real property ad valorem tax, including
specifically Chapter 4 of Title 48 of the O.C.G.A.;
provided, however that the limitation of O.C.G.A.
948-4-78 which requires twelve (12) months of
delinquency before commencing a tax foreclosure
shall not apply. The tax commissioner shall remit
the amount collected to the governing authority of
Augusta, Georgia. Thirty days (30) 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.
2. The tax commissioner shall collect and retain an
amount equal to cost of administering a lien
authorized by O.C.G.A. 941-2-7 et seq. unless such
costs are waived by resolution of the Augusta. Any
such amount collected and retained for
administration shall be deposited in the general fund
of the county to pay the cost of administering the
lien.
3. Augusta may waive and release any such lien
imposed on property upon the owner of such
property entering into a contract with the county or
municipality agreeing to a timetable for
rehabilitation of the real property or the dwelling,
building, or structure on the property and
demonstrating the financial means to accomplish
such rehabilitation.
4. Where the abatement action does not commence in
the superior 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 Richmond County Superior Court under
O.C.G.A. Section 5-3-29.d
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5. 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
seek to enforce such citation in any court of
competent jurisdiction prior to issuing a complaint
in rem as provided in this Article.
6. Nothing in this Article shall be construed to impair
or limit in any way the power of Augusta to define
and declare nuisances and to cause their removal or
abatement by summary proceedings or otherwise.
(c) Powers of Public Officers
The public officer(s) designated in this Article shall have the following powers:
(1) To investigate the dwelling conditions in Augusta in order to determine
which dwellings, buildings, or structures therein are unfit for human
habitation or are unfit for current commercial, industrial, or business use
are vacant, dilapidated, and being used in connection with the commission
of drug crimes;
(2) To administer oaths and affirmations, to examine witnesses, and to receive
evidence;
(3) To enter upon premises for the purpose of making examinations; provided,
however, that such entries shall be made in such manner as to cause the
least possible inconvenience to the persons in possession;
(4) To appoint and fix the duties of such officers, agents, and employees as he
or she deems necessary to carry out the purposes of this Article; and
(5) To delegate any of his or her functions and powers under this Article to
such officers and agents as he or she may designate.
(d) Services of Complaints
(1) Complaints issued'by a public officer pursuant to this Article shall be
served in the following manner: In all cases, a copy ofthe complaint and
summons shall be conspicuously posted on the subject dwelling, building,
or structure within three (3) business days of filing ofthe complaint and at
least ten (10) days prior to the date of the hearing. A copy of the
complaint and summons shall be served in one of the following ways:
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a. Personal service upon each owner and party in interest if such
parties are residents of the county. Service shall be perfected at
least ten (10) days prior to the date of the hearing. Service may be
made by the public officer designated by this Article to abate
nuisances or by any law enforcement officer of Augusta; and a
return of service, filed with the clerk ofthe appropriate court, shall
be deemed sufficient proof that service was perfected;
b. Pursuant to the provisions of Article 5 Chapter 4 of Title 48 ofthe
O.c.G.A.; or
c. Statutory overnight delivery.
(2) If any owner or party in interest is a resident of this state but resides
outside of the county, service shall be perfected by certified mail or
statutory overnight delivery, return receipt requested, to the most recent
address shown in the County tax files and mailed at least fourteen (14)
days prior to the date of the hearing.
(3) Nonresidents of this state, whose mailing address is known, shall be
served by certified mail or statutory overnight delivery, return receipt
requested, mailed at least fourteen (14) days prior to the date of the
hearing. For nonresidents whose mailing address is unknown, a notice
stating the date, time, and place of the hearing shall be published in the
newspaper in which the sheriffs advertisements appear in such county
once a week for two (2) consecutive weeks prior to the hearing.
(4) In the event either the owner or any party in interest is a minor, estate, an
incompetent person, or person laboring under disabilities, the guardian or
other personal representative of such person shall be served and such
guardian or personal representative resides outside the county or is a
nonresident of this state, he or she shall be served as provided for in (d)
subsection (6) of this Section. If such owner or party in interest has no
guardian or personal representative, service shall be perfected by serving
the judge of the Probate Court of Richmond County at least thirty (30)
days prior to the date of the hearing which judge shall stand in the place of
and protect the rights of such minor, estate, or incompetent person or
appoint a guardian ad litem for such person.
(5) In the event of unknown persons or unborn remaindermen who are likely
to have any rights in the property or interest or the proceeds thereof, the
judge of the probate court of the county wherein such property or interest
is located shall be personally served at least thirty (30) days prior to the
date ofthe hearing, and it shall be the duty of the judge of the Probate
Court to stand in the place of the protect the rights of such unknown
parties or unborn remaindermen.
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(6) In the event the whereabouts of any owner or party in interest is unknown
and the same cannot be ascertained by the public officer in the exercise of
reasonable diligence or if any owner or party in interest cannot, after due
diligence, be served as provided in this Section, the public officer shall
make an affidavit to that effect and serve by publication in the manner
provided in subsection (5) of this Section, and such publication shall be
sufficient proof that service was perfected.
(7) A notice of lis pendens shall be filed in the office of the Clerk of Superior
Court in the county in which the dwelling, building, or structure is located
at the time of filing the complaint in the appropriate court. Such notice
shall have the same force and effect as other lis pendens notices provided
by law.
(8) Orders and other filings made subsequent to service of the initial
complaint shall be served in the manner provided in this Section on the
owner and any party in interest who answers the complaint or appears at
the hearing. Any party who fails to answer or appear at the hearing shall
be deemed to have waived all further notice in the proceedings."
(9) Continued Use of Other Laws and Ordinances
It is the intent of the Augusta-Richmond County Commission that nothing
in this Article shall be construed to abrogate or impair the powers of the
courts or of any department of Augusta to enforce any provisions of any
local enabling Act, charter, or ordinance or regulation nor to prevent or
punish violations thereof; and the powers conferred by this Article shall be
in addition to and supplemental to the powers conferred by any other law
or ordinance, legislation, or regulation.
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
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.
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Duly adopted this
day of
,2002, and this 15th day of
January
,2002.
ATTEST:
~
First Reading:
. Waive 2nd Reading
Second Readmg:
1-15-02
Published in the Augusta Chronicle January 31st, 2002.
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