HomeMy WebLinkAboutProperty Cost of Reopening or Repairing Streets and Roads
Augusta Richmond GA
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RESOLUTION
RESOLUTION REQUESTING THE RICHMOND
COUNTY LEGISLATIVE DELEGATION TO
SPONSOR LEGISLATION TO ALLOW RICHMOND
COUNTY TO ASSESS AGAINST PROPERTY THE
COST OF REOPENING OR REPAIRING STREETS
AND ROADS AS NECESSITATED BY
CONSTRUCTION ACTIVITY OR OTHER
ACTIVITY CARRIED ON ON SUCH PROPERTY.
WHEREAS, O.C.G.A. ~ 32-4-42(11) has heretofore been
adopted granting to counties have a population of 550,000 or more,
to assess against praperty the cost of reopening and repairing
streets and raads as necessitated by private construction activity,
which provision provides as follows:
(11) In all caunties af this state having a
population of 550,000 or more accarding to. the United
States decennial census of 1970 or any future such
census, the county gaverning authority shall be empowered
by ordinance or resolutian to assess against any property
the cost of reopening, repairing, or cleaning up from any
public way, street, raad, right of way, or highway any
debris, dirt, sediment, soil, trash, building materials,
and other physical materials originating on such property
as a result af any private canstruction activity carried
on by any developer, contractor, subcontractor, or owner
of such property. Any assessment authorized under this
paragraph, the interest therean, and the expense of
collection shall be a lien against the praperty so
assessed coequal with the lien af other taxes and shall
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be enfarced in the same manner as are state and county ad
valorem property taxes by issuance of a fi. fa. and levy
and sale as set forth in Title 48, known as the "Georgia
Public Revenue Cade."
WHEREAS, O.C.G.A. ~ 36-1-18, likewise has heretofore been
adopted by the General Assembly as granting such authority to.
caunties having a population of 550,000 or more providing:
36-1-18. Autharity of counties having papulation of
550,000 or mare to assess against property cost af
reopening and repairing streets and roads as necessitated
by
private
and
constructian
activity;
creatian
enforcement af lien.
(a) In all counties of this state having a
papulatian af 550,000 or more accarding to the United
States decennial census of 1980 or any future such
census, the county governing authority shall be empowered
by ordinance or resolution to assess against any praperty
the cost of reopening or repairing any public way,
street, road, right of way, or highway, or the cost of
cleaning up fram any public way, street, raad, right of
way, or highway any debris, dirt, sediment, soil, trash,
building
other physical
materials
materials,
and
originating on such property, as a result of any private
construction activity carried on by any developer,
contractor, subcontractar, ar owner of such property.
(b) Any assessment autharized under subsection (a)
of this Cade section, as well as the interest therean and
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,
.
the expense af collection, shall be a lien against the
property sa assessed caequal with the lien af other taxes
and shall be enforced in the same manner as are state and
county ad valorem praperty taxes by issuance of a fi. fa.
and levy and sale as set forth in Title 48, the "Georgia
Public Revenue Code." ; and
WHEREAS, Richmond Caunty desires to have the authority
and be empowered to. adopt such ordinances or resalutians necessary
to assess against any property the cast of reopening and repairing
streets and raads as necessitated by private canstruction or other
activity on such property;
NOW, THEREFORE, be it resalved by the Augusta-Richmond
County Commission that the Richmand Caunty Legislative Delegation
be requested to intraduce and spansor such legislatian either as a
general law, or as a local statute, to. make said O.C.G.A. ~ 32-4-42
and O.C.G.A. ~
Duly
10 ayes and
36-1-18 applicable to Richmond County.
adopted this ~day of February, 1997, by a vote of
o nayes, with 0 abstaining.
AUGUSTA-RICHMOND COUNTY
B
:tJJ;J;}~
Clerk
PROPERTY. ASS