Definitions

As used in this article, the term: (1) ‘‘Code inspector’’ means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. 1115 36-74-42 (2) ‘‘County or municipal codes and ordinances’’ means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term ‘‘county and municipal codes and ordinances’’ shall not include: (A) Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or (B) Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25. (3) ‘‘Enforcement board’’ means a local government code enforcement board. (4) ‘‘Local governing body’’ means the governing authority of the county or municipality, however designated. (5) ‘‘Local governing body attorney’’ means the legal counselor for the county or municipality. (6) ‘‘Repeat violation’’ means any violation of county or municipal codes or ordinances by an owner or co-owner whom the enforcement board has previously found to be in violation of a code or ordinance within one year prior to such violation. (7) ‘‘Violation involving the health or safety of a third party’’ means a violation that creates a legitimate concern for the health and safety of a third-party occupant of a dwelling place or that creates an immediate and substantial danger to the environment or members of the community at large, especially minor children. History. — Code 1981, § 36-74-41, enacted by Ga. L. 2003, p. 581, § 2. 36-74-42. Membership of boards; requirements of members; chairperson; attorney’s role. (a) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up 1116 36-74-42 LOCAL GOV’T CODE ENFORCEMENT BOARDS 36-74-42 to two alternate members for each code enforcement board to serve on the board in the absence of board members. (b) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. In making appointments to an enforcement board, the local governing body shall make good faith efforts to appoint one or more individuals who have experience or expertise relevant to one or more of the county or municipal codes that are within the subject matter jurisdiction of the respective enforcement board, including individuals with property management and litter control experience; provided, however, that the authority and jurisdiction of an enforcement board shall not in any way be limited due to the absence from its membership of one or more individuals with such experience or expertise. (c)(1) The initial appointments to a seven-member code enforcement board shall be as follows: (A) Three members appointed for a term of two years each; and (B) Four members appointed for a term of four years each. (2) The initial appointments to a five-member code enforcement board shall be as follows: (A) Two members appointed for a term of two years each; and (B) Three members appointed for a term of four years each. (3) The initial appointments to a three-member code enforcement board shall be as follows: (A) One member appointed for a term of two years; and (B) Two members appointed for a term of four years each. (4) Upon the expiration of the initial terms specified in paragraphs (1), (2), and (3) of this subsection all terms shall be for three years. (5) The local governing body of a county or a municipality may reduce a seven-member code enforcement board to five members, or a five-member code enforcement board to three members, upon the simultaneous expiration of the terms of office of two members of the board. (6) A member may be reappointed upon approval of the local governing body. (7) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the enforcement 1117 36-74-43 board shall declare the member’s office vacant, and the local governing body shall promptly fill such vacancy. (8) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. A local governing body may, with or without cause, refuse to reappoint any member of an enforcement board at the expiration of his or her term of office. (d) The members of an enforcement board shall elect a chairperson, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, the presence of three or more members shall constitute a quorum of any five-member enforcement board, and the presence of two or more members shall constitute a quorum of any three-member enforcement board. Members shall serve without compensation but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as otherwise provided by law. (e) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board but in no case shall the local governing body attorney serve in both capacities. History. — Code 1981, § 36-74-42, enacted by Ga. L. 2003, p. 581, § 2. 36-74-43. Initiating of proceedings; time to correct violations; repeat violations; hearings. (a) It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-49 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code 1118 36-74-43 LOCAL GOV’T CODE ENFORCEMENT BOARDS 36-74-44 Section 36-74-49. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-49. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. (d) If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing. History. — Code 1981, § 36-74-43, enacted by Ga. L. 2003, p. 581, § 2. 36-74-44. Calling of hearings; hearing proceedings; orders.