Title 36 — Title 36
0 chapters · 603 sections in this title.
O.C.G.A. § 36-72-2 Definitions
2.8K chars
As used in this chapter, the term: (1) ‘‘Abandoned cemetery’’ means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for wh…
O.C.G.A. § 36-72-4 Permit required for developing land on which cemetery located
0.6K chars
No known cemetery, burial ground, human remains, or burial object shall be knowingly disturbed by the owner or occupier of the land on which the cemetery or burial ground is located for the purposes of developing or changing the use of any part of such land unless a permit is fir…
O.C.G.A. § 36-72-5 Application for permit
1.8K chars
Application for a permit shall include, at a minimum, the following information: (1) Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search; (2) A report prepared by an archeologist stating the …
O.C.G.A. § 36-72-8 Legislative findings and intent
0.9K chars
Definitions. Authority of counties and municipalities to preserve abandoned cemeteries. Permit required for developing land on which cemetery located. Application for permit. Identification and notification of descendants of person in cemetery sought to be developed. Public heari…
O.C.G.A. § 36-73-1 Purpose
0.4K chars
It is the purpose of this chapter to provide certain conditions, limitations, and restrictions upon the exercise of the powers granted to counties and municipalities to enter into contracts for regional facilities under Article IX, Section IV, Paragraph IV of the Constitution. Hi…
O.C.G.A. § 36-73-2 Public hearing on proposed contract; notice
0.9K chars
A county or municipality which proposes to enter into a contract under Article IX, Section IV, Paragraph IV of the Constitution shall, prior to entering into such contract, conduct at least one public hearing with respect to such proposed contract. Notice of such public hearing s…
O.C.G.A. § 36-73-3 Proposed facility located outside county or municipality; feasibility study
1.1K chars
Where a county or municipality proposes to enter into a contract for a regional facility which will be located outside of such county or municipality and such contract will require the expenditure of public funds of the county or municipality, the county or municipality shall, pr…
O.C.G.A. § 36-74-1 Short title
0.4K chars
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
0.7K chars
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
0.2K chars
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
9.0K chars
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
0.2K chars
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
2.9K chars
(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
1.4K chars
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
2.3K chars
(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
0.8K chars
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
0.5K chars
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
2.7K chars
(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
0.6K chars
(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
1.3K chars
(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
0.2K chars
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
8.9K chars
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
0.2K chars
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
3.4K chars
(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
1.4K chars
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
1.5K chars
(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
0.8K chars
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
0.5K chars
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
2.5K chars
(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
0.8K chars
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…
O.C.G.A. § 36-75-1 Short title
0.2K chars
This chapter shall be known and may be cited as the ‘‘War on Terrorism Local Assistance Act.’’ History. — Code 1981, § 36-75-1, enacted by Ga. L. 2003, p. 862, § 1; Ga. L. 2004, p. 631, § 36. 36-75-2. Legislative authority; purpose.
O.C.G.A. § 36-75-10 Construction
3.2K chars
This chapter shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the ‘‘Georgia Uniform Securities 1134 36-75-11 Act of 2008,’’ or any other law. No proceeding or pub…
O.C.G.A. § 36-75-2 Legislative authority; purpose
1.6K chars
This chapter is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this chapter is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority an…
O.C.G.A. § 36-75-3 Definitions
5.3K chars
As used in this chapter, the term: (1) ‘‘Authority’’ means each public corporation created pursuant to this chapter. (2) ‘‘Cost of project’’ means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required f…
O.C.G.A. § 36-75-5 Management by board of directors; membership; procedures
1.3K chars
Control and management of the authority shall be vested in a board of directors whose members shall be residents of the county or municipal corporation, as applicable. Directors shall be appointed, and may be reappointed, for terms of four years. The resolution or ordinance activ…
O.C.G.A. § 36-75-6 Quorum
0.4K chars
A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to 1127 36-75-7 any project of the authority must be approved by the affirmative vote of a majority of the directors. History. — Code 1981, § 3…
O.C.G.A. § 36-75-7 Power of authority
11.4K chars
Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corpo…
O.C.G.A. § 36-75-8 Bonds and notes; expenditure of revenue
6.9K chars
(a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain…
O.C.G.A. § 36-75-9 Responsibility for bonds and obligations
1.1K chars
No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner consti…
O.C.G.A. § 36-76-1 Short title
0.2K chars
This chapter shall be known and may be cited as the ‘‘Consumer Choice for Television Act.’’ History. — Code 1981, § 36-76-1, enacted by Ga. L. 2007, p. 719, § 1/HB 227.
O.C.G.A. § 36-76-11 Discrimination towards potential residential subscribers prohibited
4.7K chars
(a) A holder of a state franchise shall not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides. (b) For purposes of determining whether a cable service provider or video ser…
O.C.G.A. § 36-76-2 Definitions
9.6K chars
As used in this chapter, the term: (1) ‘‘Advertising and home shopping services revenues’’ means the amount of a cable service provider or video service provider’s nonsubscriber revenues from advertising disseminated through cable service or video service and home shopping servic…
O.C.G.A. § 36-76-4 Application process for the issuance of a state franchise; fees
12.0K chars
(a) To receive a state franchise, a cable service provider or video service provider shall file an application for a state franchise with the 1143 36-76-4 Secretary of State, with a copy of such application provided simultaneously to each affected municipal or county governing au…
O.C.G.A. § 36-76-6 Franchise fees
8.3K chars
(a)(1) The holder of a state franchise, whether a cable service provider or a video service provider, shall pay to each affected local governing authority which complies with this Code section a franchise fee which shall not exceed the maximum percentage rate permitted in 47 U.S.…
O.C.G.A. § 36-76-7 Customer service requirements
3.0K chars
(a) The holder of a state franchise shall comply with the customer service standards as set forth in 47 C.F.R. 76.309(c). No franchising authority shall have the power to require the holder of a state franchise to comply with any customer service standards other than those set fo…
O.C.G.A. § 36-80-10 Election for unbonded debt — Requirement and procedure
0.4K chars
When any county, municipality, or political subdivision desires to incur any debt, within the purview and meaning of Article IX, Section V, Paragraph I or II of the Constitution of Georgia other than a bonded debt, the election required shall be called and held in accordance with…
O.C.G.A. § 36-80-11 Notice of election for unbonded debt
0.9K chars
The officers charged with levying taxes, contracting debts, and the like for the county, municipality, or political subdivision shall give notice, for a period of 30 days next preceding the day of the election, in the newspaper in which sheriff’s advertisements for the county are…
O.C.G.A. § 36-80-13 Authorization to incur unbonded debt following favorable vote
0.6K chars
When the notice is given and the election is held in accordance with Code Section 36-80-12, if the requisite majority of the qualified voters of the county, municipality, or political subdivision voting at the election vote for incurring the debt, the authority to incur the debt …
O.C.G.A. § 36-80-14 Annual sinking fund for unbonded debt
0.5K chars
Any county, municipality, or political subdivision of this state which incurs an indebtedness under Code Sections 36-80-10 through 36-80-13 and this Code section shall, on or before so doing, or annually thereafter, provide, without incurring further debt thereby, an annual sum s…
O.C.G.A. § 36-80-16 Local Government Authorities Registration
4.2K chars
(a) This Code section shall be known and may be cited as the ‘‘Local Government Authorities Registration Act.’’ (b) The General Assembly finds that there is a need for the state to create and maintain a record of all local government authorities. Such a record can best be maintai…