§ 18-69. Orders and appeals.  


Latest version.
  • (a)

    After notice and a hearing, if the court determines that the dwelling, structure or premise in question is dangerous and unfit for human habitation, the court shall assess any joint and several fine(s) against the owner and all parties in interest of not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) per offense.

    (b)

    In addition to any fine(s) assessed, the court may order the owner and any person known to have an interest in the property to repair, close or demolish the dangerous structure which is deemed unfit for human habitation or which imperils the health, safety and welfare of the citizens of the county, provided such order is coupled with a finding of fact that the dangerous structure is unfit for human habitation or imperils the health, safety and welfare of the citizens of the county. Any dangerous structure ordered to be closed shall be boarded to minimum specifications as determined by the chief of police.

    (c)

    Such finding of fact shall be coupled with a brief explanation sufficient to inform the owner and any person with a known interest in the property why the dangerous structure is deemed to be unfit for human habitation or imperils the health, safety and welfare of the citizens of the county. The court may also order the property to be vacated and closed pending repair of the property.

    (d)

    The order and findings of fact shall be sent to the owner and any person known to have an interest in the property, by certified mail, return receipt requested, to the last known address of such person. The order and findings of fact shall also be posted on the property and advertised in the legal organ of the county. The order to repair, close or demolish shall designate the time within which the owner shall repair, close or demolish the dangerous structure, but in no event shall such time be less than thirty (30) days from the date the order is transmitted to the owner and any person known to have an interest in the property.

    (e)

    In addition to the other remedies provided in this article, the court may order the county to repair, close, or demolish such dangerous structure(s) at public expense, the full cost of which shall constitute a lien upon the property thereof, when the owner refuses to repair, close, or demolish same in accordance with this article, or when such owner cannot be located by reasonable search. The lien shall attach to the property in accordance with the provisions in section 18-70(d).

    (f)

    The department may cause to be posted on the main entrance of any dwelling, building or structure closed by court order pursuant to this article, a placard with the following words:

    "This building is unfit for human habitation or commercial, industrial or business use. The use or occupation of this building for human habitation or for commercial, industrial or business use is prohibited and unlawful."

    (g)

    Such placard shall bear the date posted, address of the building involved and be signed by the director. It shall be unlawful for such placard to be mutilated or removed or for such structure to be occupied until required corrective action is taken.

    (h)

    It shall be unlawful for a person or persons to occupy the dwelling, structure, or premises, or for an owner to allow occupancy of a dwelling, structure, or premises which has been placarded, if such dwelling, structure, or premises is, or becomes, vacant after placarding or, in all events, within sixty (60) days from the date of placarding unless the violation has been corrected.

    (i)

    The posting of the placard and the recording of same in the records of the department shall be notice to the general public that it is unlawful for any owner or party in interest to allow the dwelling or structure to be occupied, as provided herein. No further notice shall be required to be given to any owner or party in interest.

    (j)

    It shall be unlawful to deface, alter, destroy, cover or remove such placards. The department shall remove the placards when compliance with this article has been effected.

    (k)

    Where a complaint in rem is filed pursuant to this article and the action does not commence in the Superior Court of DeKalb County, review of a court order requiring the repair, alteration, improvement, or demolition of a dwelling, building, or structure shall be by direct appeal to the Superior Court of DeKalb County under O.C.G.A. § 5-3-29, as amended. Notice of an appeal shall act as a supersedeas if so ordered by the trial court.

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