§ 22-95. Determination of necessity; power conferred.  


Latest version.
  • (a)

    It is found and declared that in the city there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use and not in compliance with the applicable state minimum standard codes as adopted by ordinance or operation of law or any optional building, fire, life safety, or other codes relative to the safe use of real property and real property improvements adopted by ordinance in the city, or general nuisance law and which constitute a hazard to the health, safety, and welfare of the people of the city, and that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures. It is found and declared that where there is in existence a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of the city and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent real estate unsafe or inimical to safe human habitation. Whenever the code enforcement officer finds that there exist dwellings, buildings, or structures which are unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and not in compliance with applicable codes, which have defects increasing the hazards of fire, accidents, or other calamities; which lack adequate ventilation, light, or sanitary facilities; or where other conditions exist rendering such dwellings, buildings, or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of the city; or vacant, dilapidated dwellings, buildings, or structures in which drug crimes are being committed, power is conferred upon the city to exercise its police power to repair, close, or demolish such dwellings, buildings, or structures in the manner provided in this article.

    (b)

    All the provisions of this article and O.C.G.A. §§ 41-2-8—41-2-17, including method and procedure, may also be applied to private property where there exists an endangerment to the public health or safety as a result of unsanitary or unsafe conditions to those persons residing or working in the vicinity. A finding by any governmental health department, health officer, or building inspector that such property is a health or safety hazard shall constitute prima facie evidence that such property is in violation of this article.