Title 36

(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 …

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.

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. (2) ‘‘County or municipal codes and ordinances’’ means zoning ordinances and resolutions, ordinances and reso…

(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 to two alte…

(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, i…

(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…

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…

(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…

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…

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 …

(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…

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…

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.

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 Act of 2008,’’ or any other law. No proceeding or publication not r…

(a) On and after May 24, 2007, no public safety and judicial facilities authority created and activated by a single county pursuant to this chapter shall be authorized to issue bonds for new projects unless a resolution approving such projects passed by a majority vote of the gov…

Those public safety and judicial facilities authorities created and activated pursuant to this chapter that have issued the $50 million maximum aggregate amount of bonds permitted under paragraph (13) of Code Section 36-75-7 shall be subject to the provisions of Code Section 36-7…

On and after May 24, 2007, no county or municipality that has activated or that activates a public safety and judicial facilities authority shall also activate a joint public safety and judicial facilities authority. History. — Code 1981, § 36-75-13, enacted by Ga. L. 2007, p. 42…

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…

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…

(a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the ‘‘public safety and judicial facilities authority’’ of such county. No authority shall transact any business or exercise any powers under th…

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…

A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of a majority of the directors. History. — Code 1981, § 36-75-6, enact…

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…

(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…

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…

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.

No franchising authority, state agency, or political subdivision of the state shall impose any build-out requirement on system construction or service deployment on a holder of a state franchise. This chapter shall occupy the entire field of franchising or otherwise regulating ca…

(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…

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…

(a)(1) Any entity or person seeking to provide cable service or video service in this state after January 1, 2008, at the discretion of the cable service provider or video service provider, may elect from among the franchise options as set forth in this Code section. A cable serv…

(a) To receive a state franchise, a cable service provider or video service provider shall file an application for a state franchise with the Secretary of State, with a copy of such application provided simultaneously to each affected municipal or county governing authority at le…

(a) A state franchise shall be fully transferable to any successor in interest to the applicant. A notice of transfer shall be filed by the transferee with the Secretary of State with a copy provided to each affected municipal or county governing authority within 45 days of such …

(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.…

(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…

(a) No later than 12 months after receipt of a written request by a municipal or county governing authority, the holder of a state franchise shall designate capacity in its network to allow for the airing of noncommercial PEG programming required by this Code section. (b)(1) Subj…

A cable service provider or video service provider shall, upon written request by a municipality or county, install, at no charge, one service outlet to a demarcation point located on the outside of any designated municipal or county building or multibuilding complex, provided su…

A local board of education shall not adopt or follow any code of ethics which prevents the members of such board from discussing freely the policies and actions of such board outside of a board meeting. This Code section shall not apply to any matter or matters discussed in execu…

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…

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…

The election shall be held at all the voting or election precincts within the limits of the county, municipality, or political subdivision. It shall be held by the same persons, in the same manner, and under the same rules and regulations as elections for officers of the county, …

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 …

Power to issue notes, certificates, and other evidence of indebtedness in anticipation of taxes. Authorized investments of funds by governing bodies. Delegation of governing body’s investment authority to financial officer. Relief from or composition of debts under federal statut…

(a) The purpose of this Code section is to grant and prescribe the manner of expenditure of funds received by this state from the federal government from sales of timber from military installations and military facilities of the United States, as authorized by subsection (e) of S…

(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…

(a) This Code section shall be known and may be cited as the ‘‘PILOT Restriction Act.’’ (b) As used in this Code section, the term ‘‘payments in lieu of taxes’’ means payments made directly or indirectly: (1) Primarily in consideration of the issuance of revenue bonds or other re…

(a) As used in this Code section, the term ‘‘local authority’’ means an instrumentality of one or more local governments created to fulfill a specialized public purpose or any other legally created organization that has authority to issue debt for a public purpose independent of …