§ 41-3-1. “Sexually Related Charges” Defined; Establishment, Maintenance, or Use of Building, Structure, or Place for Sexually Related Activities; Evidence of Nuisance
As used in this Code section, the term “sexually related charges” means a violation of Code Section 16-5-46, 16-6-2, 16-6-8, 16-6-9, 16-6-10, 16-6-11, 16-6-12, 16-6-15, or 16-6-16 when: Returned in an indictment by a grand jury; or Filed as an accusation by a prosecuting attorney that results in a conviction, a plea of guilty under […]
§ 41-3-1.1. Substantial Drug Related Activity Upon Real Property; Knowledge of Owner; Remedies Cumulative
As used in this Code section, the term: “Drug related charges” means a violation of Code Section 16-13-30 when: Returned in an indictment by a grand jury; or Filed as an accusation by a prosecuting attorney that results in a conviction, a plea of guilty under any first offender statute or conditional discharge pursuant to […]
§ 41-3-2. Action to Enjoin Nuisance Perpetually; Temporary Restraining Order or Interlocutory Injunction Authorized
Whenever a nuisance is kept, maintained, or exists, as defined in Code Section 41-3-1 or 41-3-1.1, the district attorney, the solicitor-general, city attorney, or county attorney, or any private citizen of the county may maintain an action in the name of the state upon the relation of such attorney or private citizen to enjoin said […]
§ 41-3-3. Dismissal of Complaint Filed by Private Citizen; Substitution of District Attorney or Another Private Citizen for Original Complainant
If the complaint is filed by a private citizen, it shall not be dismissed except upon filing of a sworn statement by the complainant and his attorney setting forth the reasons why the action should be dismissed and upon approval of the dismissal by the district attorney in writing or in open court. If the […]
§ 41-3-4. Notice of Hearing Upon Application for Temporary Restraining Order or Interlocutory Injunction
Notice shall be given to the defendant of the hearing of the application for a temporary restraining order or an interlocutory injunction as provided in Code Section 9-11-65. History. Ga. L. 1917, p. 177, § 2; Code 1933, § 72-303.
§ 41-3-5. Procedure for Trial of Action Generally; Admissibility of Evidence of General Reputation of Building, Structure, or Place
An action to enjoin a nuisance shall be triable as all other civil cases. In such action, evidence of the general reputation of the building, structure, or place shall be admissible for the purpose of proving the existence of such nuisance. History. Ga. L. 1917, p. 177, § 3; Code 1933, § 72-305.
§ 41-3-6. Taxation of Cost of Action Against Private Citizen Bringing Action Without Reasonable Ground or Cause
If the action shall be brought by a private citizen and the court shall find that there was no reasonable ground or cause for the action, the cost may be taxed to such citizen. History. Ga. L. 1917, p. 177, § 3; Code 1933, § 72-307.
§ 41-3-7. Order of Abatement Generally; Breaking and Entering or Using Closed Building, Structure, or Place; Fees for Removal, Sale, or Closure of Property
If the existence of a nuisance shall be established in an action as provided in this chapter, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building, structure, or place of all fixtures, furniture, and chattels used in conducting the […]
§ 41-3-8. Disposition of Proceeds of Sale of Personal Property
The proceeds of the sale of the personal property, as provided in Code Section 41-3-7, shall be applied in payment of the cost of the action and abatement, and the balance, if any, shall be paid to the defendant. History. Ga. L. 1917, p. 177, § 6; Code 1933, § 72-310.
§ 41-3-9. Suspension of Abatement Order and Release of Property; Effect of Release of Property
If the owner of the building, structure, or place ordered abated shall appear and pay all costs of the proceedings and file a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court, conditioned that he will immediately abate the nuisance and prevent […]