Title 36 — Title 36
0 chapters · 603 sections in this title.
O.C.G.A. § 36-39-1 Definitions
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As used in this chapter, the term: (1) ‘‘Frontage’’ means that side or limit of the lot or parcel of land in question which abuts on the improvement. (2) ‘‘Governing body’’ means the mayor and council, board of aldermen, board of commissioners, or other chief legislative body of …
O.C.G.A. § 36-39-10 Publication and contents of notice of contract proposals
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The notice of the proposals specified in Code Section 36-39-8 shall be published in at least six consecutive issues of a daily paper or at least two issues of a weekly paper having a general circulation in the municipal corporation. The notice shall state the street or streets to…
O.C.G.A. § 36-39-13 Filing of board of appraisers’ report
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Within 30 days from the date of the resolution appointing the board of appraisers, such board shall file with the clerk of the municipal corporation a written report of the appraisal and the assessment and cost upon the several lots and tracts of land abutting on such street, as …
O.C.G.A. § 36-39-14 Definitions
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Adoption of chapter; election; effect of adoption of chapter generally. Procedure for improvements; adoption and publication of resolution; filing of petition by landowners; objections to improvements. Basis of assessments for improvements; municipal corporation owner of intersec…
O.C.G.A. § 36-39-15 Time and manner of payment of assessments generally
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Assessment in conformity to the appraisal and apportionment as confirmed by the municipal corporation shall be payable to the treasurer of the municipal corporation in cash. If paid within 30 days from the date of the passage of the ordinance, such assessment shall be without int…
O.C.G.A. § 36-39-16 Payment of assessment in installments
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If the owner of the land or of any street railway assessed, within 30 days from the passage of the ordinance making the assessment final, files with the clerk of the municipal corporation his written request asking that the assessments be payable in installments in accordance 742…
O.C.G.A. § 36-39-18 Additional assessments
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If any assessment is found to be invalid or insufficient in whole or in part for any reason whatsoever, the governing body may at any time, in the manner provided for the making of an original assessment, proceed to cause a new assessment to be made and fixed. The new assessment …
O.C.G.A. § 36-39-20 Lien for assessment and interest
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The assessment and each installment thereof, along with the interest thereon and the expense of collection, are declared to be a lien against the lots and tracts of land so assessed, from the date of the ordinance levying the same, coequal with the lien of other taxes and prior t…
O.C.G.A. § 36-39-24 Limitation period for contesting or enjoining assessments
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No action shall be sustained (1) to set aside any assessment, (2) to enjoin the governing body from making, fixing, or collecting the assessment or issuing or levying executions therefor or issuing bonds or providing for their payment, or (3) contesting the validity thereof on an…
O.C.G.A. § 36-39-25 Issuance of bonds; payment; interest; terms; form
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The governing body, after the expiration of 30 days from the passage of the ordinance confirming and levying the assessment, shall, by resolution, provide for the issuance of bonds in the aggregate amount of the assessments remaining unpaid, bearing date not more than 30 days aft…
O.C.G.A. § 36-39-26 Sale of bonds; delivery to contractors
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The bonds shall be sold by the governing body at not less than par and the proceeds thereof shall be applied to the payment of the contract price and other expenses incurred pursuant to this chapter. Alternatively, such bonds in the amount that is necessary for the purpose may be…
O.C.G.A. § 36-39-29 Order to show cause on petition; time and notice of hearing
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36-39-30. Conduct of hearing; issuance of order by court. 36-39-31. Appeal from judgment of court.
O.C.G.A. § 36-39-30 Conduct of hearing; issuance of order by court
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At the time and place named or at such other time and place as the hearing may be adjourned to, any interested person shall be heard to show cause in writing, which writing shall be filed with the clerk, why the prayer of the petition should not be granted. The court shall hear a…
O.C.G.A. § 36-39-31 Appeal from judgment of court
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The municipal corporation or any person appearing who is dissatisfied with the judgment may appeal to the Court of Appeals, as provided in Title 5. History. — Ga. L. 1927, p. 321, § 16; Code 1933, § 69-431. 36-39-32. Conclusiveness of superior court’s final judgment.
O.C.G.A. § 36-39-32 Conclusiveness of superior court’s final judgment
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If the final judgment of the superior court is in favor of the validity of the ordinance and of the liens claimed, the same shall forever be conclusive, and the matters so determined shall never thereafter be drawn in question in any court. History. — Ga. L. 1927, p. 321, § 16; C…
O.C.G.A. § 36-39-34 Construction of chapter
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This chapter shall not be construed to repeal any special or local law or to affect any proceedings under such law for the making of improvements authorized in this chapter or for raising the funds therefor but shall be deemed to be additional and independent legislation for such…
O.C.G.A. § 36-39-5 Improvements when county owns abutting property
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Whenever the abutting landowners of any street of the municipal corporation petition the governing body as set out in subsection (b) of Code Section 36-39-3 or whenever the governing body passes the resolution provided for in subsection (a) of Code Section 36-39-3 for the improve…
O.C.G.A. § 36-39-6 Paving by railroad having tracks in street
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Any railroad or street railway having tracks located in a street at the time of a proposed improvement shall be required by the governing body to pave the width of its tracks and two feet on each side thereof. Such paving shall be done with the same material and in the same manne…