HomeMy WebLinkAboutORD 7590 TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 7, CHAPTER 2, ARTICLE 1, NUISANCES; SECTION 7-2-2 ORDINANCE NO. 159 0
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 7,
CHAPTER 2,ARTICLE 1,NUISANCES; SECTION 7-2-2,NUISANCES -PROHIBITED,
SO AS TO CLARIFY THAT OWNERS OF OCCUPIED PARCELS ARE REQUIRED TO
MAINTAIN THE PARCEL AND THE PORTION OF THE ADJOINING PUBLIC RIGHT-OF-
WAY BETWEEN THE PARCEL AND THE STREET; TO PROVIDE AN EFFECTIVE DATE;
TO REPEAL CONFLICTING ORDINANCES,AND FOR OTHER PURPOSES.
NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT IT IS A VIOLATION OF
AUGUSTA,GEORGIA CODE TO NOT COMPLY WITH THE ADOPTED CODE AS STATED
IN THE REGULATIONS HEREWITH,AS FOLLOWS:
SECTION 1. TITLE 7, CHAPTER 2, ARTICLE 1,NUISANCES, SECTION 7-2-2 IS
HEREBY DELETED BY STRIKING THIS SECTION IN ITS ENTIRETY,AND NEW
SECTION 7-2-2 IS HEREBY INSERTED TO REPLACE THE REPEALED SECTION AS
SET FORTH IN "EXHIBIT A" HERETO.
SECTION 2. This ordinance shall become effective upon adoption.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this, day of N-0N .1 ef, 2017.
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Attest. �� fjAPLi 74t7cr,;i /11%s
L., Hardie Davis, Jr. Lena JAB•nnr; U e
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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 , 2017
and that such Ordinance has not been modified or rescinded as of the date hereof and the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:
First Reading 10 \
Second Reading \`\-1 ,1
"EXHIBIT A"
NUISANCES
[ARTICLE 1 IN GENERAL]
Sec. 7-2-1. Generally.
The following conditions, in addition to those conditions recognized as such pursuant to State
law, are hereby declared to constitute nuisances: substances emitting noxious odors, carcasses of
animals, establishments or structures emitting noxious odors,vapors, or fumes; deposits of
waste-water; litter,trash, refuse, rubble, and rubbish of all sorts; overgrown vegetation, weeds,
brambles, brush or thickets; malfunctioning private sewage disposal systems; dilapidated
buildings open to unauthorized or unlawful entry; hazardous trees; all articles, conditions, acts,
or things whatsoever, kept,maintained or permitted by any person to pose a threat of injury,
inconvenience, or annoyance to the public; and, all pursuits followed or engaged in,behavior or
conduct performed by any person,which pose a threat of injury, annoyance, or inconvenience to
the public.
Richmond County to cause or permit any nuisance to be created or remain upon such premises;
defined herein, or as otherwise defined by the law of the State of Georgia, within Augusta
Sec. 7-2-2. Nuisances—Prohibited.
(a) It shall be unlawful for any owner or occupant of any parcel of land lying within Augusta-
Richmond County to cause or permit any nuisance to be created or remain upon such premises;
and it shall be the duty of such owner or occupant to abate and remove any such nuisance from
such premises.No owner or occupant of any parcel of land lying within Augusta-Richmond
County shall permit, cause, keep, maintain, or engage in any activity constituting a nuisance, as
defined herein, or as otherwise defined by the law of the State of Georgia, within Augusta-
Richmond County.
(b)No owner of anyoccupied parcel of land within Augusta, Georgia shall permit or allow the
existence of excessive accumulation or untended growth of weeds, undergrowth or other plant
life to grow to a height exceeding twelve (12) inches upon any parcel of land, or on the area
between the parcel of land and the street curb.
Sec. 7-2-3.Nuisances—Notice.
Whenever an inspector of the Planning&Development Department or any other duly
constituted inspecting authority of the Augusta-Richmond County Commission determines that a
nuisance exists on any premises within Augusta-Richmond County, he may serve written notice
upon the owner or occupant, or his agent having control thereof,to abate such nuisance. The
notice shall, at a minimum, set forth the nature of the nuisance and the fact that the same
constitutes a nuisance upon said property; describe the premises where the nuisance is alleged to
exist or to
have been committed; and specify a reasonable period of time for the abatement of said nuisance.
Said notice shall be served upon the owner or occupant of the premises by personal delivery, or
by mailing said notice, certified mail, return receipt requested, addressed to the owner, occupant
or agent. If service cannot be effectuated in such a manner after diligent effort to do so, service
may be made by conspicuously posting the notice in or about the premises described in the
notice, or by causing such notice to be published once in a newspaper of general circulation in
Augusta-Richmond County. If the owner or occupant is a corporation,notice may be served
upon an officer, a manager or person in charge of any local business office of such corporation,
or the corporation's registered agent for service of process.
Sec. 7-2-4. Nuisances—Procedures in the event nuisance not abated when specified.
In the event that such nuisance is not abated by the owner or occupant within the time specified,
then the owner and/or occupant may be cited for violation of this chapter.
Sec. 7-2-5. Nuisances—Penalties.
Violations of the provisions of this chapter shall be punished as provided in section 1-6-1 of this Code.