Title 36 — Title 36
0 chapters · 603 sections in this title.
O.C.G.A. § 36-74-1 Short title
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This chapter shall be known and may be cited as the ‘‘Local Government Code Enforcement Boards Act’’ and is enacted to provide assistance to inferior courts with jurisdiction over county or municipal ordinances. 1105 36-74-20 History. — Code 1981, § 36-74-1, enacted by Ga. L. 200…
O.C.G.A. § 36-74-2 Legislative intent
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It is the intent of this chapter to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncrimi…
O.C.G.A. § 36-74-20 Application
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The provisions of this article shall apply to enforcement boards created on or after January 1, 2003. History. — Code 1981, § 36-74-20, enacted by Ga. L. 2003, p. 581, § 2.
O.C.G.A. § 36-74-21 Definitions
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As used in this article, the term: (1) ‘‘Code enforcement officer’’ means any person contracted with or employed by a county or municipality who has enforcement authority for health, safety, or welfare requirements and is authorized to issue citations or file formal complaints re…
O.C.G.A. § 36-74-22 Membership of boards; requirements of members; chairperson; attorney’s role
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36-74-23. Initiating of proceedings; time to correct violations; repeat violations; hearings. 36-74-24. Calling of hearings; hearing proceedings. 36-74-25. Powers of enforcement boards.
O.C.G.A. § 36-74-24 Calling of hearings; hearing proceedings
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(a) Upon request of the code enforcement officer, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enfo…
O.C.G.A. § 36-74-25 Powers of enforcement boards
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Each enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case; (2) Subpoena alleged violators and witnesses t…
O.C.G.A. § 36-74-26 Administrative fines; public record
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(a) An enforcement board, upon notification by the code enforcement officer that an order of the enforcement board has not been complied with by the set time may order the violator to pay an administrative fine in an amount specified in this Code section. (b)(1) An administrative…
O.C.G.A. § 36-74-27 Length of liens
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No lien imposed under this article shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action t…
O.C.G.A. § 36-74-28 Appeals to superior court
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An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court. Such an appeal shall be a hearing de novo. An appeal shall be filed within 30 days of the execution of the order to be appealed. History.…
O.C.G.A. § 36-74-29 Notice required; form of notice
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(a) All notices required by this article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code enforcement officer, or other person designated b…
O.C.G.A. § 36-74-3 Creating or abolishing boards; hearings and fines
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(a) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided in this chapter. (b) A county or a municipality may, by ordinance, adopt an alternate code enforcement system which gives code enforcement board…
O.C.G.A. § 36-74-30 Other enforcement methods; probable cause for investigation required
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(a) It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code enforcement officer from enforcing its codes by any other lawful …
O.C.G.A. § 36-74-40 Application of article
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The provisions of this article shall apply to enforcement boards created prior to January 1, 2003. History. — Code 1981, § 36-74-40, enacted by Ga. L. 2003, p. 581, § 2. 36-74-41. Definitions.
O.C.G.A. § 36-74-41 Definitions
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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, ordin…
O.C.G.A. § 36-74-42 Membership of boards; requirements of members; chairperson; attorney’s role
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36-74-43. Initiating of proceedings; time to correct violations; repeat violations; hearings. 36-74-44. Calling of hearings; hearing proceedings; orders. 36-74-45. Powers of enforcement boards.
O.C.G.A. § 36-74-44 Calling of hearings; hearing proceedings; orders
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(a) Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement bo…
O.C.G.A. § 36-74-45 Powers of enforcement boards
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Each enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case; (2) Subpoena alleged violators and witnesses t…
O.C.G.A. § 36-74-46 Administrative fines; public record
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(a)(1) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1,000.00 per day. (2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involvi…
O.C.G.A. § 36-74-47 Length of liens
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No lien imposed under this article shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action t…
O.C.G.A. § 36-74-48 Appeals to superior court
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An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court of the county in which the subject property is located. Such an appeal shall be in the form of a writ of certiorari governed by Chapter 4 …
O.C.G.A. § 36-74-49 Notice required; form of notice
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(a) All notices required by this article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the loca…
O.C.G.A. § 36-74-50 Other enforcement methods
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It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means includin…