§ 9. Powers and duties of the commission.  


Latest version.
  • (a)

    The commission shall have the power and authority to fix and establish, by appropriate resolution or ordinance entered on its minutes, policies, rules and regulations governing all matters reserved to its jurisdiction by this act. The commission shall exercise only those powers which are necessarily and properly incident to its function as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions or ordinances, and any power or combination of powers vested in the commission by this act shall be subject to the limitations provided in section 23 of this act. The following powers are hereby vested in the commission:

    (1)

    To levy taxes.

    (2)

    To make appropriations.

    (3)

    To fix the rates of all other charges.

    (4)

    To authorize the incurring of indebtedness.

    (5)

    To authorize work to be done where the cost is to be assessed against the benefited property and to fix the basis for such assessment.

    (6)

    To establish, alter, or abolish public roads, private ways, bridges and ferries, according to law, but the chief executive shall have the authority to accept subdivision plats when the requirements established by the commission for subdivisions have been met.

    (7)

    To establish, abolish, or change election precincts and militia districts according to law.

    (8)

    To allow the insolvent lists for the county.

    (9)

    To authorize the acceptance for the county of the provisions of any optional statute where the statute permits its acceptance by the governing authority of a county.

    (10)

    To regulate land use by the adoption of a comprehensive development plan and by the adoption of other planning and zoning ordinances which relate reasonably to the public health, safety, morality, and general welfare of the county and its citizens; provided, however, that no planning or zoning ordinances shall become effective unless approved, prior to consideration and adoption by the governing authority, by the member or members of the commission representing the district or super district in which the subject property is located.

    (11)

    To create and change the boundaries of special taxing districts authorized by law.

    (12)

    To fix the bonds of county officers where same are not fixed by statute.

    (13)

    To enact any ordinances or other legislation the county may be given authority to enact.

    (14)

    To determine the priority of capital improvements.

    (15)

    To call elections for the voting of bonds.

    (16)

    Except as modified by the powers vested in the chief executive by other provisions of this act, to exercise the power and authority vested by law in the judge of the probate court when sitting for county purposes.

    (17)

    Except as modified by the powers vested in the chief executive by other provisions of this act, to exercise the powers now or hereafter vested in county governing authorities by the constitution and general laws of this state.

    (18)

    To fix, levy and assess license fees, charges or taxes on all persons, firms and corporations engaging in or offering to engage in any trade, business, calling, avocation or profession in the area of DeKalb County, outside the corporate limits of municipalities situated therein, except businesses which are subject to regulation by the state public service commission, and to classify all such persons, firms and corporations according to the nature, manner and size of business conducted by such persons, firms and corporations and to fix, levy and assess different license fees, charges or taxes against different classes of trades, businesses, callings, avocations or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, canceled or suspended after notice and a hearing, in accordance with rules prescribed by the commission. Said commission shall be further authorized to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens of said county, and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses without the obtaining of a license or when such license is revoked or suspended. Payment of said license fees, charges or taxes may be enforced by fi. fas. issued by the commission and levied by any officer in said county authorized by law to levy fi. fas. for taxes, assessments, fines, costs or forfeitures due said county. The commission shall be authorized, in its discretion, to require any and all persons, firms or corporations licensed pursuant to the authority herein granted to give a bond payable to DeKalb County, and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral or improper conduct in the administration of the business so licensed, such bond to be fixed and approved by the commission. Such license fees, charges or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depository as general funds of said county.

    (19)

    To adopt rules regulating the operation of the commission.

    (20)

    To prepare an agenda for meetings of the commission. The commission shall accept agenda items by the chief executive officer upon motion by any commissioner to be placed upon the agenda, pursuant to the rules by which an item may be placed on the agenda by a member of the commission.

    (b)

    In addition to the powers enumerated in subsection (a) of this section, the commission may adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this state and of the United States, for the governing and policing of the county for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of the county and for the implementation and enforcement of the powers and duties of the commission.

    (c)

    The commission is hereby authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances adopted by the commission to carry out any of the provisions of this section or other provisions of this Act or of any other law, and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of one thousand dollars ($1,000.00), imprisonment in the county jail for thirty (30) days, or labor on the work gang for any single offense, or any combination thereof; provided, however, that for violations of a pretreatment standard or requirement adopted pursuant to the federal Clean Water Act the maximum fine shall be one thousand dollars ($1,000.00) per day for each violation by an industrial user.

(Acts 1981, p. 4304, § 1; Acts 1983, p. 4547, § 1; Acts 1986, p. 4107, § 1; Acts 1990, p. 4479, § 1; Acts 1992, p. 5363, § 1; Acts 2008, p. 3897, § 1; Acts. 2016, p. 4219, § 1 )