HomeMy WebLinkAboutORD 7556 AUGUSTA, GEORGIA CODE AMENDMENTS_ SCRAP TIRE MANAGEMENT, INTERNATIONAL PROPERTY MAINTENANCE, MOTHBALL, NUISANCE, AUTOMOBILE JUNK/SALVAGE YARDS_ REINSPECTION FEE ORDINANCE NO. 16 5 LO
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 4,
CHAPTER 2, ARTICLE 5, SCRAP TIRE MANAGEMENT, SECTION 4-2-76
RE-INSPECTION FEE; TITLE 7, CHAPTER 1,ARTICLE 2, STRUCTURAL STANDARDS
AND REQUIREMENTS, SECTION 7-1-16 TECHNICAL CODES, INTERNATIONAL
PROPERTY MAINTENANCE CODE, RE-INSPECTION FEE; SECTION 7-1-19.2
REGISTRATION OF VACANT AND ABANDONED BUILDINGS -MOTHBALL
ORDINANCE, RE-INSPECTION FEE; TITLE 7, CHAPTER 2, ARTICLE 1,NUISANCES,
SECTION 7-2-4 PROCEDURES IN THE EVENT NUISANCE NOT ABATED WHEN
SPECIFIED, RE-INSPECTION FEE; TITLE 7, CHAPTER 2, ARTICLE 3, REGULATING
AUTOMOBILE JUNK YARDS, SALVAGE/RECYCLING FACILITIES, SECTION 7-2-77,
VIOLATIONS, RE-INSPECTION FEE; AND TITLE 8, CHAPTER 5, ARTICLE 1, ZONING,
SECTION 8-5-1, RE-INSPECTION FEE; SO AS TO PROVIDE REGULATIONS FOR THE
COLLECTION OF A RE-INSPECTION FEE; TO REPEAL ALL CODE SECTIONS AND
ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT
HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL PROPERTY OWNERS
AND THEIR TENANTS LOCATED IN AUGUSTA, GEORGIA ARE EXPECTED TO
COMPLY WITH ADOPTED CODES REGULATING THE USE OF PROPERTYE, AND
THAT NON-COMPLIANCE WITH ADOPTED CODES THAT RESULTS IN
RE-INSPECTION FOR CODE COMPLIANCE WILL RESULT IN A FEE BEING ASSESSED
TO THE PERSON RESPONSIBLE FOR THE CODE VIOLATION.
SECTION 1. SECTION 4-2-76 OF AUGUSTA, GA. CODE TITLE 4, CHAPTER 2, ARTICLE
5 IS HEREBY AMENDED BY ADDING THE SECTIONS (D) AND (E) AS SET FORTH IN
EXHIBIT A"HERETO.
SECTION 2. SECTION 7-1-16 OF AUGUSTA, GA. CODE TITLE 7, CHAPTER 1, ARTICLE
2 IS HEREBY AMENDED BY ADDING THE SECTIONS (A) AND (B) AS SET FORTH IN
"EXHIBIT A"HERETO.
SECTION 3. SECTION 7-1-19.2 OF AUGUSTA, GA. CODE TITLE 7, CHAPTER 1,
ARTICLE 2 IS HEREBY AMENDED BY ADDING THE SECTIONS (A) (B), (C)AND (D)
AS SET FORTH IN "EXHIBIT A" HERETO.
SECTION 4. SECTION 7-2-4 OF AUGUSTA, GA. CODE TITLE 7, CHAPTER 2, ARTICLE 1
IS HEREBY AMENDED BY ADDING THE SECTIONS (A)AND (B)AS SET FORTH IN
"EXHIBIT A" HERETO.
SECTION 5. SECTION 7-2-77 OF AUGUSTA, GA. CODE TITLE 7, CHAPTER 2, ARTICLE
3 IS HEREBY AMENDED BY ADDING THE SECTIONS (A) AND (B) AS SET FORTH IN
"EXHIBIT A" HERETO.
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SECTION 6. SECTION 8-5-1 OF AUGUSTA, GA. CODE TITLE 8, CHAPTER 5,ARTICLE 1
IS HEREBY AMENDED BY ADDING THE SECTIONS (A) AND (B)AS SET FORTH IN
"EXHIBIT A"HERETO.
SECTION 7. This ordinance shall become effective on January 1, 2017 in accordance with
applicable laws.
SECTION 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this W day of DeCem c(, 2016.
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Hardie Davis,Jr.
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As its Mayor
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on , 2016
and that such Ordinance has not been modified or rescinded as of the date hereof and the
undersigned further certifies that attached hereto is a true copy of the Ordinance which was
approved and adopted in the foregoing meeting(s).
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: JQ,rNicj ¶ 12-0 VA
First Reading 1--- [cCntlber l D 12o1 Lo
Second Reading _(QAIR- ]ecznradacUj
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EXHIBIT A
Sec. 4-2-76. Penalties (Scrap Tire Ordinance)
Any person failing to comply with the lawful provisions of this article or doing any act
prohibited hereby or failing to do any act mandated hereby shall be guilty of an offense, and
upon trial as a misdemeanor shall be subject to both the penalties provided by section 1-6-1, and
to any or all of the following penalties:
(a) In the sound discretion of the trial court, the violator may be ordered to remove from any
property for which the violator is responsible the unlawful accumulation of scrap tires and to
come in full compliance with this article.
(b) In the sound discretion of the trial court, the violator may be ordered to remove from the
property of another any unlawful accumulation of scrap tires for which the violator is
responsible.
(c) The violator shall be subject to civil redress by Augusta, Georgia in a court of competent
jurisdiction, it being the intent of Augusta, Georgia to have both the civil and criminal rights of
prosecution in this area.
(d) Re-inspection Fee. A re-inspection fee of fifty dollars ($50.00)will be assessed to the person
responsible for the code violation. The responsible person may be the property owner or tenant.
The fee is to be paid to the Planning & Development Office to help fund the cost of performing a
re-inspection for code compliance. In the event the person responsible for the code violation is
issued a citation to appear in Magistrate Court, the Court will be requested to collect the re-
inspection fee(s) for the Planning&Development Department.
(e) A re-inspection fee is defined as an inspection for code compliance after the person
responsible for the code violation has been notified of the violation and given a time to come into
compliance, and is then found not to have complied with the code. Each subsequent inspection
for compliance is considered a re-inspection and the$50.00 fee is assessed.
1. Re-inspection fees may be waived by the Unified Code Enforcement& Inspection Team
Manager if:
a. An extension request has been made in writing and a schedule of intent is
provided with specific compliance times approved by the Manager.
b. Significant progress is made and shown to the inspector on the re-inspection visit.
c. A hardship has been brought to the attention of the Manager and attempts to
secure assistance are pursued by the responsible party(tenant or property owner).
Sec. 7-1-16. Technical codes—Adopted by reference (International Property Maintenance
Code).
The latest edition of the Georgia Mandated codes and Georgia Amendments as promulgated by
the State of Georgia through the Department of Community Affairs shall be enforced by Augusta
Georgia. (Adoption of the codes, appropriate appendices, and amendments by the State of
Georgia are so denoted. Georgia Optional Codes adopted by Augusta Georgia are so denoted.)
http://www.dca.state.ga.us/development/constructioncodes/programs/codeAmendments.asp
Georgia Mandated Codes
Code GA Adopted Amendments and Appendices
International Building Code
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International Plumbing Code
International Fuel Gas Code
International Mechanical Code
National Electrical Code
International Energy Conservation Code
International Fire Code *
International Residential Code *
Georgia Optional Codes
International Property Maintenance Code, 2003 Edition
The Planning and Development Department shall be responsible for the administration and
enforcement of the above codes adopted by reference. Any person or persons failing to comply
with the provisions of the above codes in Augusta, Georgia shall be guilty of an offense and
upon trial as a misdemeanor and conviction, shall be punished as provided in section 1-6-1 of
this Code.
(a)International Property Maintenance Code; Re-inspection Fee. A re-inspection fee of fifty
dollars ($50.00) will be assessed to the person responsible for the code violation. The responsible
person may be the property owner or tenant. The fee is to be paid to the Planning&
Development Office to help fund the cost of performing a re-inspection for code compliance. In
the event the person responsible for the code violation is issued a citation to appear in Magistrate
Court, the Court will be requested to collect the re-inspection fee(s) for the Planning&
Development Department.
(b) A re-inspection fee is defined as an inspection for code compliance after the person
responsible for the code violation has been notified of the violation and given a time to come into
compliance, and is then found not to have complied with the code. Each subsequent inspection
for compliance is considered a re-inspection and the $50.00 fee is assessed.
1. Re-inspection fees may be waived by the Unified Code Enforcement& Inspection Team
Manager if:
i. An extension request has been made in writing and a schedule of intent is
provided with specific compliance times approved by the Manager.
ii. Significant progress is made and shown to the inspector on the re-inspection visit.
iii. A hardship has been brought to the attention of the Manager and attempts to
secure assistance are pursued by the responsible party(tenant or property owner).
Sec. 7-1-19.2. Registration of vacant and abandoned buildings (Mothball Ordinance).
(a) Owners of vacant buildings, who elect to mothball in lieu of repairing or demolishing the
structure,must register their properties at the Planning&Development Department prior to
beginning work. This registration shall be made through a form provided by the department and
shall include a list of a contact person or persons responsible for the maintenance and repair of
the property. This form shall contain the current telephone numbers and addresses of all contact
persons. It is the sole responsibility of the property owner to update this information at the
license and inspection department.
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(b) Mothballing permit. After registration, the owners of vacant buildings must obtain a
mothballing permit from the license and inspection department. The cost of the mothballing
permit is seventy-five ($75.00) that includes the compliance inspection. A separate building
permit may be required for building repairs.
(c) Re-inspection Fee: a re-inspection fee of fifty dollars ($50.00) will be assessed to the
mothball permit applicant if an inspection is required because the applicant did not comply with
the mothballing guidelines. The fee is to be paid to the Planning&Development Office to help
fund the cost of performing a re-inspection for code compliance. In the event the person
responsible for the code violation is issued a citation to appear in Magistrate Court, the Court
will be requested to collect the re-inspection fee(s) for the Planning&Development Department.
(d) A re-inspection fee is defined as an inspection for code compliance after the person
responsible for the code violation has been notified of the violation and given a time to come into
compliance, and is then found not to have complied with the code. Each subsequent inspection
for compliance is considered a re-inspection and the $50.00 fee is assessed.
1. Re-inspection fees may be waived by the Unified Code Enforcement& Inspection Team
Manager if:
i. An extension request has been made in writing and a schedule of intent is provided
with specific compliance times approved by the Manager.
ii. Significant progress is made and shown to the inspector on the re-inspection visit.
iii. A hardship has been brought to the attention of the Manager and attempts to secure
assistance are pursued by the responsible party(tenant or property owner).
Sec. 7-2-4.Nuisances—Procedures in the event nuisance not abated when specified (Public
Nuisance Ordinance)
In the event that such nuisance is not abated by the owner or occupant within the time specified,
then the owner and/or occupant shall be cited for violation of this chapter.
(a) Re-inspection Fee: a re-inspection fee of fifty dollars ($50.00) will be assessed to the person
responsible for the code violation. The responsible person may be the property owner or tenant.
The fee is to be paid to the Planning &Development Office to help fund the cost of performing a
re-inspection for code compliance. In the event the person responsible for the code violation is
issued a citation to appear in Magistrate Court, the Court will be requested to collect the re-
inspection fee(s) for the Planning& Development Department.
(b) A re-inspection fee is defined as an inspection for code compliance after the person
responsible for the code violation has been notified of the violation and given a time to come into
compliance, and is then found not to have complied with the code. Each subsequent inspection
for compliance is considered a re-inspection and the $50.00 fee is assessed.
1. Re-inspection fees may be waived by the Unified Code Enforcement& Inspection Team
Manager if:
i. An extension request has been made in writing and a schedule of intent is provided
with specific compliance times approved by the Manager.
ii. Significant progress is made and shown to the inspector on the re-inspection visit.
iii. A hardship has been brought to the attention of the Manager and attempts to secure
assistance are pursued by the responsible party(tenant or property owner).
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Sec. 7-2-77.Violations (Junk Yards, Salvage Yards/Recycling Facilities Ordinance)
Any person(s), firm, or corporation violating any portion of this ordinance shall be charged with
each and every violation and upon trial conviction shall be subject to the penalties provided in §
1-6-1 of the Augusta-Richmond County Code.
(a) Re-inspection Fee. A re-inspection fee of fifty dollars ($50.00) will be assessed to the person
responsible for the code violation. The responsible person may be the property owner or tenant.
The fee is to be paid to the Planning&Development Office to help fund the cost of performing a
re-inspection for code compliance. In the event the person responsible for the code violation is
issued a citation to appear in Magistrate Court, the Court will be requested to collect the re-
inspection fee(s) for the Planning&Development Department.
(b)A re-inspection fee is defined as an inspection for code compliance after the person
responsible for the code violation has been notified of the violation and given a time to come into
compliance, and is then found not to have complied with the code. Each subsequent inspection
for compliance is considered a re-inspection and the $50.00 fee is assessed.
1. Re-inspection fees may be waived by the Unified Code Enforcement& Inspection Team
Manager if:
i. An extension request has been made in writing and a schedule of intent is provided
with specific compliance times approved by the Manager.
ii. Significant progress is made and shown to the inspector on the re-inspection visit.
iii. A hardship has been brought to the attention of the Manager and attempts to secure
assistance are pursued by the responsible party(tenant or property owner).
Sec. 8-5-1. Incorporation of zoning ordinance by reference (Comprehensive Zoning
Ordinance).
The comprehensive zoning ordinance of the City of Augusta and unincorporated areas of Rich-
mond County, as adopted on March 25, 1963 and subsequently revised, consisting of section 1
through section 37, inclusive, is hereby incorporated in this section as if set out in full herein.
(a) Re-inspection Fee. A re-inspection fee of fifty dollars ($50.00) will be assessed to the
person responsible for the code violation. The responsible person may be the property owner or
tenant. The fee is to be paid to the Planning&Development Office to help fund the cost of
performing a re-inspection for code compliance. In the event the person responsible for the code
violation is issued a citation to appear in Magistrate Court, the Court will be requested to collect
the re-inspection fee(s) for the Planning&Development Department.
(b) A re-inspection fee is defined as an inspection for code compliance after the person
responsible for the code violation has been notified of the violation and given a time to come into
compliance, and is then found not to have complied with the code. Each subsequent inspection
for compliance is considered a re-inspection and the $50.00 fee is assessed.
1. Re-inspection fees may be waived by the Unified Code Enforcement& Inspection Team
Manager if:
i. An extension request has been made in writing and a schedule of intent is provided
with specific compliance times approved by the Manager.
ii. Significant progress is made and shown to the inspector on the re-inspection visit.
iii. A hardship has been brought to the attention of the Manager and attempts to secure
assistance are pursued by the responsible party(tenant or property owner).
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