§ 18-68. Uninhabitable dwellings.

(a)

The department shall make an investigation or inspection of a dwelling, structure or premise whenever a charge is made that any dwelling, structure or premise is dangerous and unfit for human habitation. The charge must be made by a public authority or in writing by at least five (5) residents who have attained the age of majority living in separate households of DeKalb County if the dwelling, structure or premise in question is located in the unincorporated area of the county. For purposes of this subsection, a board of directors of a duly incorporated, mandatory-membership homeowners association may bring a charge that any dwelling, structure or premise is dangerous and unfit for human habitation, without regard to any limitation on the number of residents required by this subsection, if the decision to bring a charge is authorized by an official vote of the board of directors of the incorporated homeowners association in compliance with its by-laws and such decision is reflected in the minutes of the meeting where such a decision was made.

(b)

If the department determines that the property or structures on the property are dangerous and unfit for human habitation, in addition to all other remedies available under this Code and article, the county may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists. The county shall cause summons and a copy of the complaint to be served on the owner and parties in interest in such dwelling, building, or structure. Service of the complaint shall be in the manner as mandated by O.C.G.A. § 41-2-12, as may hereinafter be amended.

(c)

The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner and parties in interest; state with particularity the factual basis for the action; and contain a statement of the action sought by the county to abate or correct the alleged violation.

(d)

The summons shall notify the owner and parties in interest that a hearing will be held within the county before a court of competent jurisdiction at a date and time certain. Such hearing shall be held not less than fifteen (15) days nor more than forty-five (45) days after the filing of said complaint in the proper court.

(e)

The owner and parties in interest shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing.

(Ord. No. 33-03, Pt. I, 12-23-03)