Declaration of public nuisance authorized

The Commissioner may declare a dangerous plant pest, as well as any plant or other thing which has been infested or infected therewith or exposed to infestation or infection and is therefore likely to communicate the same, to be a public nuisance. History. — Ga. L. 1937, p. 659, § 4; Ga. L. 1996, p. 329, § 11. 2-7-16. Notice of declaration of nuisance; prescription of treatment; right of appeal. Whenever inspection discloses that any places, plants or plant products, or other things or substances are infested or infected with any dangerous plant pest which has been declared a public nuisance under this article, the Commissioner or the Commissioner’s agents or employees shall give written notice to the owner or other person in possession or control of the place where such things are found, in person or by registered or certified mail or statutory overnight delivery. Such owner or other person shall proceed to control, eradicate, or prevent the dissemination of such plant pest and to remove, cut, or destroy infested or infected plants and plant products or other things or substances within the time and in the manner prescribed by the notice or the rules and regulations made pursuant to this article or to take an appeal as provided in Code Section 2-7-24. History. — Ga. L. 1898, p. 94, § 5; Civil Code 1910, § 2124; Code 1933, § 5-707; Ga. L. 1937, p. 659, § 7; Ga. L. 1996, p. 329, § 12; Ga. L. 2000, p. 1589, § 3. Editor’s notes. — Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000. 2-7-17. Treatment of nuisance by department where owner fails to act; lien for expenses; compensation not allowed. Whenever an owner or other person cannot be found or fails, neglects, or refuses to obey the requirements of the notice given under Code Section 2-7-16 and the rules and regulations made pursuant to this article, such requirements shall be carried out by the inspectors or other employees or agents of the department. The Commissioner shall have and enforce a lien for the expense thereof against the place in or upon which such expense was incurred, in the same manner as liens are had and enforced upon buildings and lots, wharves, and piers, for labor and materials furnished by virtue of contract with the owner. No compensation shall be allowed for any trees or plants, plant products, or other things or substances that are destroyed. 261 History. — Ga. L. 1937, p. 659, § 8.