§ 36-74-40. Application of Article
The provisions of this article shall apply to enforcement boards created prior to January 1, 2003. History. Code 1981, § 36-74-40 , enacted by Ga. L. 2003, p. 581, § 2.
§ 36-74-41. Definitions
As used in this article, the term: “Code inspector” means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. “County or municipal codes and ordinances” means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for […]
§ 36-74-42. Membership of Boards; Requirements of Members; Chairperson; Attorney’s Role
The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the […]
§ 36-74-43. Initiating of Proceedings; Time to Correct Violations; Repeat Violations; Hearings
It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, […]
§ 36-74-44. Calling of Hearings; Hearing Proceedings; Orders
Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two […]
§ 36-74-45. Powers of Enforcement Boards
Each enforcement board shall have the power to: Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case; Subpoena alleged violators and witnesses to its hearings, with the approval of the court with […]
§ 36-74-46. Administrative Fines; Public Record
An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1,000.00 per day. An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not […]
§ 36-74-47. Length of Liens
No lien imposed under this article shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, […]
§ 36-74-48. [Effective July 1, 2023. See note.] Petition for Review to Superior Court
An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court of the county in which the subject property is located. Such an appeal shall be in the form of a petition for review governed by Chapter 3 of Title 5 and shall be […]
§ 36-74-48. [Effective Until July 1, 2023. See note.] Appeals to Superior Court
An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court of the county in which the subject property is located. Such an appeal shall be in the form of a writ of certiorari governed by Chapter 4 of Title 5 and shall be […]
§ 36-74-49. Notice Required; Form of Notice
All notices required by this article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; by leaving the notice at the violator’s usual place of […]
§ 36-74-50. Other Enforcement Methods
It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing […]