HomeMy WebLinkAboutORD 7639 ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2012 EDITION AND GEORGIA AMENDMENTS_ INTERNATIONAL PROPERTY MAINTENANCE CODE ADMINISTRATION AND ENFORCEMENT ORDINANCE NO. I CO 39
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 7
CHAPTER 1, SECTION 7-1-16, TO ADOPT THE INTERNATIONAL PROPERTY
MAINTENANCE CODE 2012 EDITION, THAT PROVIDES REGULATIONS FOR
GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY,
BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED
UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS
ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE SANITARY AND FIT FOR
OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND
STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION
OF SUCH EXISTING STRUCTURES; 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.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION
AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL
PROPERTY OWNERS WITHIN THE JURISDICTION SHALL COMPLY WITH THE
PROVISIONS OF THE AUGUSTA, GA CODE, AS FOLLOWS:
SECTION 1. TITLE 7, CHAPTER 1, ARTICLE 2, STRUCTURAL STANDARDS AND
REQUIREMENTS, SECTION 7-1-16 TECHNICAL CODES — ADOPTED BY REFERENCE,
IS HEREBY AMENDED BY DELETING GEORGIA OPTIONAL CODES -INTERNATIONAL
PROPERTY MAINTENANCE CODE 2003 EDITION IN ITS ENTIRETY, AND GEORGIA
OPTIONAL CODES - INTERNATIONAL PROPERTY MAINTENANCE CODE 2012 EDITION
AND CURRENT GEORGIA AMENDMENTS(WITH THE EXCLUSION OF IPMC CHAPTER
1 ADMINISTRATION AND ENFORCEMENT)ARE HEREBY INSERTED BY REFERENCE
TO REPLACE THE REPEALED CODE AS SET FORTH IN "EXHIBIT A"HERETO.
SECTION 2. TITLE 7, CHAPTER 1, IS HEREBY AMENDED BY ADDING ARTICLE 8,
INTERNATIONAL PROPERTY MAINTENANCE CODE, ADMINISTRATION AND
ENFORCEMENT, SECTION 7-1-140.1 THROUGH SECTION 7-1-153.2, AS SET FORTH IN
"EXHIBIT B"HERETO.
SECTION 3. That if any section, subsection, sentence, clause or phrase of this legislation is, for
any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The Augusta, Georgia Commission hereby declares that it would have
passed this law, and each section, subsection, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
SECTION 4. That nothing in this legislation or in the Property Maintenance Code hereby adopted
shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or
liability incurred,or any cause or causes of action acquired or existing,under any act or ordinance
hereby repealed as cited in Section 1 of this law; nor shall any just or legal right or remedy of any
character be lost, impaired or affected by this legislation.
1
SECTION 5. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this IS day of S_I' 'o„" , 2018. , 1,,
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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 , 2018
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
EXHIBIT A
ARTICLE 2. STRUCTURAL STANDARDS AND REQUIREMENTS
Sec. 7-1-16. Technical codes—Adopted by reference.
Georgia Optional Codes
International Property Maintcnancc Code, 2003 Edition
International Property Maintenance Code, 2012 Edition
(AND GEORGIA AMENDMENTS)
EXHIBIT B
ARTICLE 8
INTERNATIONAL PROPERTY MAINTENANCE CODE
ADMINISTRATION AND ENFORCEMENT
PART 1
SCOPE AND ADMINISTRATION
Section 7-1-140.1 Title. These regulations shall be known as the International Property
Maintenance Code of Augusta, Georgia, hereinafter referred to as "this code".
Section 7-1-140.2 Scope. The provisions of this code shall apply to all existing residential and
on residential structures and all existing premises and constitute minimum requirements and
standards for premises, structures, equipment and facilities for light, ventilation, space, heating,
sanitation,protection from the elements, life safety, safety from fire and other hazards, and for
safe and sanitary maintenance; the responsibility of owners, operators and occupants; the
occupancy of existing structures and premises, and for administration, enforcement and
penalties.
Section 7-1-140.3 Intent. This code shall be construed to secure its expressed intent, which is to
ensure public health, safety and welfare insofar as they are affected by the continued occupancy
and maintenance of structures and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum level of health and safety
as required herein.
Section 7-1-140.4 Severability. If a section, subsection, sentence, clause or phrase of this code
is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this code.
APPLICABILITY
Section 7-1-141.1 General.Where there is a conflict between a general requirement and a
specific requirement, the specific requirement shall govern. Where differences occur between
provisions of this code and the referenced standards, the provisions of this code shall apply.
Where, in a specific case, different sections of this code specify different requirements, the most
restrictive shall govern.
Section 7-1-141.2 Maintenance. Equipment, systems, devices and safeguards required by this
code or a previous regulation or code under which the structure or premises was constructed,
altered or repaired shall be maintained in good working order. No owner, operator or occupant
shall cause any service, facility, equipment or utility which is required under this section to be
removed from or shut off from or discontinued for any occupied dwelling, except for such
temporary interruption as necessary while repairs or alterations are in progress. The requirements
of this code are not intended to provide the basis for removal or abrogation of fire protection and
safety systems and devices in existing structures. Except as otherwise specified herein, the owner
or the owner's designated agent shall be responsible for the maintenance of buildings, structures
and premises.
Section 7-1-141.3 Application of other codes. Repairs, additions or alterations to a structure, or
changes of occupancy and all other work shall be done in accordance with the procedures and
provisions of the International Building Code, International Energy Conservation Code,
International Fire Code, International Fuel Gas Code, International Mechanical Code,
International Residential Code, International Plumbing Code and NFPA 70. Nothing in this
code shall be construed to cancel, modify or set aside any provision of the Comprehensive
Zoning Ordinance.
Section 7-1-141.4 Existing remedies. The provisions in this code shall not be construed to
abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the
removal or demolition of any structure which is dangerous,unsafe and insanitary.
Section 7-1-141.5 Workmanship.Repairs, maintenance work, alterations or installations which
are caused directly or indirectly by the enforcement of this code shall be executed and installed
in a workmanlike manner and installed in accordance with the manufacturer's instructions.
Section 7-1-141.6 Historic buildings. The provisions of this code shall not be mandatory for
existing buildings or structures designated as historic buildings when such buildings or structures
are judged by the code official to be safe and in the public interest of health, safety and welfare.
Section 7-1-141.7 Referenced codes and standards. The codes and standards referenced in this
code shall be those that are listed in Chapter 8 and considered part of the requirements of this
code to the prescribed extent of each such reference and as further regulated in Sections 7-1-
141.7.1 and 7-1-141.7.2. Exception: Where enforcement of a code provision would violate the
conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
Section 7-1-141.7.1 Conflicts. Where conflicts occur between provisions of this code and the
referenced standards, the provisions of this code shall apply.
Section 7-1-141.7.2 Provisions in referenced codes and standards. Where the extent of the
reference to a referenced code or standard includes subject matter that is within the scope of this
code, the provisions of this code, as applicable, shall take precedence over the provisions in the
referenced code or standard.
Section 7-1-141.8 Requirements not covered by code. Requirements necessary for the
strength, stability or proper operation of an existing fixture, structure or equipment, or for the
public safety,health and general welfare, not specifically covered by this code, shall be
determined by the code official.
Section 7-1-141.9 Application of references. References to chapter or section numbers, or to
provisions not specifically identi-fied by number, shall be construed to refer to such chapter,
section or provision of this code.
Section 7-1-141.10 Other laws. The provisions of this code shall not be deemed to nullify any
provisions of local, state or federal law.
PART 2
ADMINISTRATION AND ENFORCEMENT
Section 7-1-142.1 General. The Augusta Planning and Development Department administers
the IPMC and the Department Director or his appointee shall be known as the code official.
Section 7-1-142.2 Appointment. The code official shall be appointed by the chief appointing
authority of the jurisdiction.
Section 7-1-142.3 Deputies. In accordance with the prescribed procedures of this jurisdiction
and with the concurrence of the appointing authority, the code official shall have the authority to
appoint a deputy(s). Such employees shall have powers as delegated by the code official.
Section 7-1-142.4 Liability. The code official,member of the board of appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction, in good faith and
with-out malice in the discharge of the duties required by this code or other pertinent
law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all
personal liability for any damage accruing to persons or property as a result of an act or by
reason of an act or omission in the discharge of official duties. Any suit instituted against any
officer or employee because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be defended by the legal
representative of the jurisdiction until the final termination of the proceedings. The code official
or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted.
Section 7-1-142.5 Fees. 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. (Ordinance No. 7556)
Section 7-1-142.6 Reoccupying structure without code compliance. A vacant structure under
notice of code violations cannot be occupied until the violations are corrected, inspected by the
code official, and the property is released for occupancy. The person responsible for the property
and allowing the property to be reoccupied prior to code compliance will be assessed a$500.00
fee. The fee will be paid directly to the Planning&Development Department, or the fee will be
collected by the Magistrate court in addition to the penalties the Court may impose as provided
for in Augusta Code Section 1-6-1.
DUTIES AND POWERS OF THE CODE OFFICIAL
SECTION 7-1-143.1 General. The code official is hereby authorized and directed to enforce the
provisions of this code. The code approved agencies or individuals. All reports of such
inspections shall be in writing and be certified by a responsible officer of such approved agency
or by the responsible individual. The code official is authorized to engage such expert opinion
as deemed necessary to report upon unusual technical issues that arise, subject to the approval of
the appointing authority.
SECTION 7-1-143.2 Right of entry. Where it is necessary to make an inspection to enforce the
provisions of this code, or whenever the code official has reasonable cause to believe that there
exists in a structure or upon a premises a condition in violation of this code, the code official is
authorized to enter the structure or premises at reasonable times to inspect or perform the duties
imposed by this code,provided that if such structure or premises is occupied the code official
shall present credentials to the occupant and request entry. If such structure or premises is
unoccupied, the code official shall first make a reasonable effort to locate the owner or other
person having charge or control of the structure or premises and request entry. If entry is refused,
the code official shall have recourse to the remedies provided by law to secure entry.
SECTION 7-1-143.3 Identification. The code official shall carry proper identification when
inspecting structures or premises in the performance of duties under this code.
SECTION 7-1-143.4 Notices and orders. The code official shall issue all necessary notices or
orders to ensure compliance with this code.
SECTION 7-1-143.5 Department records. The code official shall keep official records of all
business and activities of the department specified in the provisions of this code. Such records
shall be retained in the official records for the period required for retention of public records.
APPROVAL
SECTION 7-1-144.1 Modifications. Whenever there are practical difficulties involved in
carrying out the provisions of this code, the code official shall have the authority to grant
modifications for individual cases upon application of the owner or owner's representative,
provided the code official shall first find that special individual reason makes the strict letter of
this code impractical and the modification is in compliance with the intent and purpose of this
code and that such modification does not lessen health, life and fire safety requirements. The
details of action granting modifications shall be recorded and entered in the department files.
SECTION 7-1-144.2 Alternative materials, methods and equipment. The provisions of this
code are not intended to prevent the installation of any material or to prohibit any method of
construction not specifically prescribed by this code,provided that any such alternative has been
approved. An alternative material or method of construction shall be approved where the code
official finds that the proposed design is satisfactory and complies with the intent of the
provisions of this code, and that the material, method or work offered is, for the purpose
intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness,
fire resistance, durability and safety.
SECTION 7-1-144.3 Required testing. Whenever there is insufficient evidence of compliance
with the provisions of this code, or evidence that a material or method does not conform to the
requirements of this code, or in order to substantiate claims for alternative materials or methods,
the code official shall have the authority to require tests to be made as evidence of
compliance at no expense to the jurisdiction.
SECTION 7-1-144.3.1 Test methods. Test methods shall be as specified in this code or by other
recognized test standards. In the absence of recognized and accepted test methods, the code
official shall be permitted to approve appropriate testing procedures performed by an approved
agency.
SECTION 7-1-144.3.2 Test reports. Reports of tests shall be retained by the code official for
the period required for retention of public records.
SECTION 7-1-144.4 Used material and equipment. The use of used materials which meet the
requirements of this code for new materials is permitted. Materials, equipment and devices shall
not be reused unless such elements are in good repair or have been reconditioned and tested
when necessary,placed in good and proper working condition and approved by the code
official.
SECTION 7-1-144.5 Approved materials and equipment. Materials, equipment and devices
approved by the code official shall be constructed and installed in accordance with such
approval.
SECTION 7-1-144.6 Research reports. Supporting data, where necessary to assist in the
approval of materials or assemblies not specifically provided for in this code, shall consist of
valid research reports from approved sources.
VIOLATIONS
SECTION 7-1-145.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be
in conflict with or in violation of any of the provisions of this code.
SECTION 7-1-145.2 Notice of violation. The code official shall serve a notice of violation or
order in accordance with Section 107.
SECTION 7-1-145.3 Prosecution of violation.Any person failing to comply with a notice of
violation or order served in accordance with Section 7-1-146 shall be deemed guilty of a
misdemeanor or civil infraction as determined by the local municipality, and the violation shall
be deemed a strict liability offense. If the notice of violation is not complied with,the code
official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate
such violation, or to require the removal or termination of the unlawful occupancy of the
structure in violation of the provisions of this code or of the order or direction made pursuant
thereto. Any action taken by the authority having jurisdiction on such premises shall be charged
against the real estate upon which the structure is located and shall be a lien upon such real
estate.
[SECTION 7-1-145.4 Violation penalties. All persons, firms or corporations failing to comply
with the mandatory provisions hereof or doing any act prohibited hereby shall be guilty of an
offense and,upon trial as a misdemeanor and conviction, shall be subject to the penalties
provided in Sec. 1-6-1 and in addition to other fees that may be assessed.
SECTION 7-1-145.5 Abatement of violation.The imposition of the penalties herein prescribed
shall not preclude the legal officer of the jurisdiction from instituting appropriate action to
restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or
premises, or to stop an illegal act, conduct,business or utilization of the building,
structure or premises.
NOTICES AND ORDERS
SECTION 7-1-146.1 Notice to person responsible. Whenever the code official determines that
there has been a violation of this code or has grounds to believe that a violation has occurred,
notice shall be given in the manner prescribed in Sections 7-1-146.2 and 7-1-146.3 to the person
responsible for the violation as specified in this code. Notices for condemnation procedures shall
also comply with Section 7-1-147.3.
SECTION 7-1-146.2 Form. Such notice prescribed in Section 7-1-146.1 shall be in accordance
with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and improvements
required to bring the dwelling unit or structure into compliance with the provisions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 7-1-145.3.
SECTION 7-1-146.3 Method of service. Such notice shall be deemed be properly served if a
copy thereof is:
1. Delivered personally.
2. Sent by certified or first-class mail addressed to the last known address; or
3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be
posted in a conspicuous place in or about the structure affected by such notice.
SECTION 7-1-146.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the
code official shall not be mutilated, destroyed or tampered with, or removed without
authorization from the code official.
SECTION 7-1-146.5 Penalties. Penalties for noncompliance with orders and notices shall be as
set forth in Section 7-1-145.4.
SECTION 7-1-146.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling
unit or structure who has received a compliance order or upon whom a notice of violation has
been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or
structure to another until the provisions of the compliance order or notice of violation have
been complied with, or until such owner shall first furnish the grantee, transferee,mortgagee or
lessee a true copy of any compliance order or notice of violation issued by the code official and
shall furnish to the code official a signed and notarized statement from the grantee,transferee,
mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation
and fully accepting the responsibility without condition for making the corrections or repairs
required by such compliance order or notice of violation.
UNSAFE STRUCTURES AND EQUIPMENT
SECTION 7-1-147.1 General.When a structure or equipment is found by the code official to be
unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such
structure shall be condemned pursuant to the provisions of this code.
SECTION 7-1-147.1.1 Unsafe structures.An unsafe structure is one that is found to be
dangerous to the life,health,property or safety of the public or the occupants of the structure by
not providing minimum safeguards to protect or warn occupants in the event of fire, or because
such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is
possible.
SECTION 7-1-147.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating
equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or
other equipment on the premises or within the structure which is in such disrepair or condition
that such equipment is a hazard to life, health,property or, safety of the public or occupants of
the premises or structure.
SECTION 7-1-147.1.3 Structure unfit for human occupancy.A structure is unfit for human
occupancy whenever the code official finds that such structure is unsafe, unlawful or,because of
the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat
infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating
facilities or other essential equipment required by this code, or because the location of the
structure constitutes a hazard to the occupants of the structure or to the public.
SECTION 7-1-147.1.4 Unlawful structure. An unlawful structure is one found in whole or in
part to be occupied by more persons than permitted under this code, or was erected, altered or
occupied contrary to law.
SECTION 7-1-147.1.5 Dangerous structure or premises. For the purpose of this code, any
structure or premises that has any or all of the conditions or defects described below shall be
considered dangerous:
1. Any door, aisle,passageway, stairway, exit or other means of egress that does not conform to
the approved building or fire code of the jurisdiction as related to the requirements for existing
buildings.
2. The walking surface of any aisle,passageway, stairway, exit or other means of egress is so
warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of
egress.
3. Any portion of a building, structure or appurtenance that has been damaged by fire,
earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause
to such an extent that it is likely to partially or completely collapse, or to become detached or
dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior
thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in
place so as to be capable of resisting natural or artificial loads of one and one-half the original
designed value.
5. The building or structure, or part of the building or structure,because of dilapidation,
deterioration, decay, faulty construction, the removal or movement of some portion of the
ground necessary for the support, or for any other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the building or structure is likely
to fail or give way.
6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
7. The building or structure is neglected, damaged, dilapidated,unsecured or abandoned so as to
become an attractive nuisance to children who might play in the building or structure to their
danger,becomes a harbor for vagrants, criminals or immoral persons, or enables persons to
resort to the building or structure for committing a nuisance or an unlawful act.
8. Any building or structure has been constructed, exists or is maintained in violation of any
specific requirement or prohibition applicable to such building or structure provided by the
approved building or fire code of the jurisdiction, or of any aw or ordinance to such an extent as
to present either a substantial risk of fire,building collapse or any other threat to life and safety.
9. A building or structure,used or intended to be used for dwelling purposes,because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, ventilation,mechanical or plumbing system, or otherwise, is determined by the
code official to be unsanitary,unfit for human habitation or in such a condition that is likely to
cause sickness or disease.
10. Any building or structure,because of a lack of sufficient or proper fire-resistance-rated
construction, fire protection systems, electrical system, fuel connections,mechanical system,
plumbing system or other cause, is determined by the code official to be a threat to life or health.
11. Any portion of a building remains on a site after he demolition or destruction of the building
or structure or whenever any building or structure is abandoned so as to constitute such building
or portion thereof as an attractive nuisance or hazard to the public.
SECTION 7-1-147.2 Closing of vacant structures. If the structure is vacant and unfit for
human habitation and occupancy, and is not in danger of structural collapse,the code official is
authorized to post a placard of condemnation on the premises and order the structure closed up
so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within
the time specified in the order, the code official shall cause the premises to be closed and secured
through any available public agency or by contract or arrangement by private persons and the
cost thereof shall be charged against the real estate upon which the structure is located and shall
be a lien upon such real estate and may be collected by any other legal resource.
SECTION 7-1-147.2.1 Authority to disconnect service utilities. The code official shall have
the authority to authorize disconnection of utility service to the building, structure or system
regulated by this code and the referenced codes and standards set forth in Section 7-1-141.7 in
case of emergency where necessary to eliminate an immediate hazard to life or property or when
such utility connection has been made without approval. The code official shall notify the
serving utility and, whenever possible, the owner and occupant of the building, structure or
service system of the decision to disconnect prior to taking such action. If not notified prior to
disconnection the owner or occupant of the building structure or service system shall be notified
in writing as soon as practical thereafter.
SECTION 7-1-147.3 Notice. Whenever the code official has condemned a structure or
equipment under the provisions of this section,notice shall be posted in a conspicuous place in
or about the structure affected by such notice and served on the owner or the person or persons
responsible for the structure or equipment in accordance with Section 7-1-146.3. If the notice
pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in
the form prescribed in Section 7-1-146.2.
SECTION 7-1-147.4 Placarding.Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the code official shall post on the premises or on
defective equipment a placard bearing the word"Condemned" and a statement of the penalties
provided for occupying the premises, operating the equipment or removing the placard.
SECTION 7-1-147.4.1 Placard removal. The code official shall remove the condemnation
placard henever the defect or defects upon which the condemnation and placarding action were
based have been eliminated. Any person who defaces or removes a condemnation placard
without the approval of the code official shall be subject to the penalties provided by this code.
SECTION 7-1-147.5 Prohibited occupancy. Any occupied structure condemned and placarded
by the code official shall be vacated as ordered by the code official. Any person who shall
occupy a placarded premises or shall operate placarded equipment, and any owner or any person
responsible for the premises who shall let anyone occupy a placarded premises or operate
placarded equipment shall be liable for the penalties provided by this code.
SECTION 7-1-147.6 Abatement methods. The owner, operator or occupant of a building,
premises or equipment deemed unsafe by the code official shall abate or cause to be abated or
corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved
corrective action.
SECTION 7-1-147.7 Record. The code official shall cause a report to be filed on an unsafe
condition. The report shall state the occupancy of the structure and the nature of the unsafe
condition.
EMERGENCY MEASURES
SECTION 7-1-148.1 Imminent danger. When, in the opinion of the code official, there is
imminent danger of failure or collapse of a building or structure which endangers life, or when
any structure or part of a structure has fallen and life is endangered by the occupation of the
structure, or when there is actual or potential danger to the building occupants or those in the
proximity of any structure because of explosives, explosive fumes or vapors or the presence of
toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code
official is hereby authorized and empowered to order and require the occupants to vacate the
premises forthwith. The code official shall cause to be posted at each entrance to such structure a
notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by
the Code Official." It shall be unlawful for any person to enter such structure except for the
purpose of securing the structure, making the required repairs, removing the hazardous
condition or of demolishing the same.
SECTION 7-1-148.2 Temporary safeguards.Notwithstanding other provisions of this code,
whenever, in the opinion of the code official, there is imminent danger due to an unsafe
condition, the code official shall order the necessary work to be done, including the boarding up
of openings,to render such structure temporarily safe whether or not the legal procedure
herein described has been instituted; and shall cause such other action to be taken as the code
official deems necessary to meet such emergency.
SECTION 7-1-148.3 Closing streets. When necessary for public safety, the code official shall
temporarily close structures and close„or order the authority having jurisdiction to close,
sidewalks, streets,public ways and places adjacent to unsafe structures, and prohibit the same
from being utilized.
SECTION 7-1-148.4 Emergency repairs. For the purposes of this section, the code official
shall employ the necessary labor and materials to perform the required work as expeditiously as
possible.
SECTION 7-1-148.5 Costs of emergency repairs. Costs incurred in the performance of
emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall
institute appropriate action against the owner of the premises where the unsafe structure is or was
located for the recovery of such costs.
SECTION 7-1-148.6 Hearing.Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon petition directed to the
appeals board,be afforded a hearing as described in this code.
DEMOLITION
SECTION 7-1-149.1 General. The code official shall order the owner of any premises upon
which is located any structure, which in the code official judgment after review is so deteriorated
or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise
unfit for human habitation or occupancy, and such that it is unreasonable to repair the
structure, to demolish and remove such structure; or if such structure is capable of being made
safe by repairs, to repair and make safe and sanitary, or to board up and hold for future
repair or to demolish and remove at the owner's option; or where there has been a cessation of
normal construction of any structure for a period of more than two years, the code official shall
order the owner to demolish and remove such structure, or board up until future repair. Boarding
the building up for future repair shall not extend beyond one year, unless approved by the
building official.
SECTION 7-1-149.2 Notices and orders. All notices and orders shall comply with Section 7-1-
146.1.
SECTION 7-1-149.3 Failure to comply. If the owner of a premises fails to comply with a
demolition order within the time prescribed, the code official shall cause the structure to be
demolished and removed, either through an available public agency or by contract or
arrangement with private persons, and the cost of such demolition and removal shall be charged
against the real estate upon which the structure is located and shall be a lien upon such real
estate.
SECTION 7-1-149.4 Salvage materials.When any structure has been ordered demolished and
removed, the governing body or other designated officer under said contract or arrangement
aforesaid shall have the right to sell the salvage and valuable materials at the highest price
obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and
removal, shall be promptly remitted with a report of such sale or transaction, including the items
of expense and the amounts deducted, for the person who is entitled thereto, subject, to any order
of a court. If such a surplus does not remain to be turned over, the report shall so state.
MEANS OF APPEAL
SECTION 7-1-150.1 Application for appeal.Any person directly affected by a decision of the
code official or a notice or order issued under this code shall have the right to appeal to the
Construction Advisory Board(Augusta Georgia Code, Title 7, Article 4 Construction Advisory
Board, Section 7-1-46 through 7-1-57. ), provided that a written application for appeal is filed
within 20 days after the day the decision, notice or order was served. An application for appeal
shall be based on a claim that the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted,the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
SECTION 7-1-150.2 Notice of meeting. The board shall meet upon notice from the chairman,
within 20 days of the filing of an appeal, or at stated periodic meetings.
SECTION 7-1-150.3 Open hearing.All hearings before the board shall be open to the public.
The appellant, the appellant's representative, the code official and any person whose interests are
affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of two-
thirds of the board membership.
SECTION 7-1-150.4 Procedure. The board shall adopt and make vailable to the public through
the secretary procedures under which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence,but shall mandate that only relevant information
be received.
SECTION 7-1-150.5 Postponed hearing. When the full board is not present to hear an appeal,
either the appellant or the appellant's representative shall have the right to request a
postponement of the hearing.
SECTION 7-1-150.6 Board decision. The board shall modify or reverse the decision of the
code official only by a concurring vote of a majority of the total number of appointed board
members.
SECTION 7-1-150.6.1 Records and copies. The decision of the board shall be recorded. Copies
shall be furnished to the appellant and to the code official.
SECTION 7-1-150.6.2 Administration. The code official shall take immediate action in
accordance with the decision of the board.
SECTION 7-1-150.7 Court review.Any person, whether or not a previous party of the appeal,
shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of
law. Application for review shall be made in the manner and time required by law following the
filing of the decision in the office of the chief administrative officer.
SECTION 7-1-150.8 Stays of enforcement. Appeals of notice and orders (other than Imminent
Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by
the appeals board.
STOP WORK ORDER
SECTION 7-1-151.1 Authority. Whenever the code official finds any work regulated by this
code being performed in a manner contrary to the provisions of this code or in a dangerous or
unsafe manner, the code official is authorized to issue a stop work order.
SECTION 7-1-151.2 Issuance. A stop work order shall be in writing and shall be given to the
owner of the property, to the owner's agent, or to the person doing the work. Upon issuance of a
stop work order, the cited work shall immediately cease. The stop work order shall state the
reason for the order and the conditions under which the cited work is authorized to resume.
SECTION 7-1-151.3 Emergencies. Where an emergency exists, the code official shall not be
required to give a written notice prior to stopping the work.
SECTION 7-1-151.4 Failure to comply. Any person who shall continue any work after having
been served with a stop worker order, except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be guilty of an offense and, upon trial as a
misdemeanor and conviction, shall be subject to the penalties provided in Augusta Code, Sec. 1-
6-1 and in addition to other fees that may be assessed.
GENERAL REQUIREMENTS
SECTION 7-1-152.1 Weeds (Section 302.4. Weeds.) All premises and exterior property shall
be maintained free from weeds or plant growth in excess of twelve(12) inches. All noxious
weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation,
other than trees or shrubs provided, however, this term shall not include cultivated flowers and
gardens.
MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 7-1-153.1 Heat Supply(Section 602.3.Heat Supply.) Every owner and operator of
any building who rents, leases or lets one or more dwelling units or sleeping units on terms,
either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain
a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
SECTION 7-1-153.2 Occupiable Work Spaces (Section 602.4. Occupiable Work Spaces.)
Indoor occupiable workspaces shall be supplied with heat during applicable calendar months to
maintain a minimum temperature of 65°F (18°C) during the period spaces are occupied.