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HomeMy WebLinkAboutORD 6455 AMEND ARC CODE ADDING NEW SECTIONS Augusta Richmond GA DOCUMENT NAME: 0 y-c\', 1'10-(\ C<::" (y ~5S- DOCUMENT TYPE: 0 rO'l no. (\ C e... YEAR: 0 L BOX NUMBER: f Lt 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 Page 1 of 12' 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. Page 2 of 12 (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. Page 3 of 12 (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. Page 4 of 12 .. 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: Page 5 of 12 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: Page 6 of 12 .' '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 Page 7 of 12 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 Page 8 of 12 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: Page 9 of 12 , .' 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. Page 10 of 12 (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. Page 11 of 12 . .. .' 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. Page 12 of 12