08 LC 28
4044
House
Bill 1317
By:
Representatives Holmes of the
61st,
Thomas of the
55th,
and Gordon of the
162nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 8 of the Official Code of Georgia Annotated, relating to buildings
and housing, so as to provide a definition; to provide that it shall be unlawful
for any person who owns, controls, or is the responsible agent of a vacant
structure to maintain, cause, or permit the maintenance of the vacant structure
in a neglected condition and that such neglected vacant structure shall
constitute a public nuisance; to provide certain requirements for the
maintenance of vacant structures; to provide for the abatement of such neglected
vacant structures; to provide for the recoupment of the costs of abatement; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
8 of the Official Code of Georgia Annotated, relating to buildings and housing,
is amended in Chapter 1, which is reserved, as follows:
"CHAPTER
1
8-1-1.
(a)
As used in this Code section, the term 'vacant structure' means a residential
building which has remained unoccupied for a period of more than 30 days and
shall include manufactured housing or mobile homes. A structure shall not
deemed to be vacant for purposes of this Code section if any of the following
circumstances exist:
(1)
Any unit or portion of the structure is occupied;
(2)
Any other structure on the same lot is occupied; or
(3)
Construction or alteration is in progress pursuant to a valid, unexpired
building permit.
(b)
It shall be unlawful for any person who owns, controls, or is the responsible
agent of a vacant structure to maintain, cause, or permit the maintenance of the
vacant structure in a neglected condition. A neglected vacant structure shall
constitute a public nuisance.
(c)(1)
All vacant structures shall be maintained in a structurally sound condition.
All electrical, natural gas, sanitary, and plumbing facilities shall be
maintained in a condition which does not create a hazard to public health or
safety.
(2)
All vacant structures shall be maintained in a manner which does not create an
unreasonable risk of fire, including the removal of weeds and the proper
maintenance of grass areas which may constitute a fire hazard. No vacant
structure or portion thereof shall be used for the storage of flammable liquids
or other materials which would constitute a safety or fire hazard. Heating
facilities or heating equipment in vacant structures shall either be removed or
maintained in accordance with applicable local codes or ordinances. If heating
equipment is removed, any fuel supply shall be removed or terminated in
accordance with applicable local codes and ordinances.
(3)
All vacant structures shall be maintained in a way which secures such structures
from any unauthorized entry.
(4)
All vacant structures including all adjoining yard areas shall be maintained
free of debris, combustible materials, litter, and garbage.
(5)
All vacant structures shall be maintained in a manner which minimizes the
appearance of vacancy, including the prompt removal of graffiti.
(6)
All exterior surfaces, including any boarded windows or doors, shall be applied
with sufficient paint, siding, stucco, or other finishes, in the same color or
similar color as the adjoining areas, to weatherproof the vacant structure and
to create a sufficient appearance of repair to deter unauthorized
occupation.
(7)
The exterior of the vacant structure property, including all landscaping, shall
be kept in such condition so as not to create the appearance of an unsecured,
unoccupied structure or other hazard to public safety.
(d)
When a local government determines that a vacant structure constitutes a public
nuisance and presents an immediate or imminent peril to the health, safety, or
general welfare of the public, the local government may abate the nuisance by
removal, demolition, repair, or other acts with or without notice to the owner
of the property. Such abatement shall be at the expense of the owner of the
property on which it is occurring and shall constitute a lien against the
property.
(e)
Whenever a local government determines that any property within its jurisdiction
is being maintained contrary to one or more of the provisions of subsection (c)
of this Code section, the local government shall give written notice to the
owner of such property of the violations. Such notice shall set forth a
reasonable time limit, in no event less than ten calendar days, for correcting
the violations and may also set forth suggested methods of correcting the same.
Such notice shall be served upon the owner in person or by mail to the last
known address of the owner. If such violations are not abated as directed
within the abatement period, the local government may cause the violations to be
abated by local government employees or private contractors. The cost,
including incidental expenses, of abating the violations shall be billed to the
owner and shall become due and payable 30 days thereafter. Such expenses shall
include, but not be limited to, the actual costs of abating the violations;
personnel costs, both direct and indirect, including attorney´s fees; costs
incurred in documenting the violations; the actual expenses and costs of the
local government in inspecting the work and in the preparation of notices,
specifications, and contracts; and the costs of printing and mailing required
under this subsection. Such costs, if not paid, shall constitute a lien on such
property."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.