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Georgia Statutes, Title 41

Georgia/Statutes

← All Georgia coverage

Title 41

3 chapters · 40 sections in this title.

All chapters in Title 4140 Ch 2, ABATEMENT OF NUISANCES GENERALLY16 Ch 3, PLACES USED FOR UNLAWFUL SEXUAL AND …14 Ch 1, GENERAL PROVISIONS10

40 sections·Filtered byTitle 41✕

O.C.G.A. § 41-1-1 Nuisance deﬁned generally
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A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste…
O.C.G.A. § 41-1-10 Hunting operations not nuisances under certain conditions
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(a) As used in this Code section, the term “hunting operation” means an operation including any of the following: (1) Lands, including the buildings and improvements thereon, which are used or which are intended for use as a hunting club, hunting preserve, or shooting preserve; (…
O.C.G.A. § 41-1-2 Classiﬁcation of nuisances
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Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals. Histor…
O.C.G.A. § 41-1-3 JUDICIAL DECISIONS Constitutionality
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— So far as O.C.G.A. § 16-11-44 proscribes the maintenance of a house to the encouragement of gambling on a general, customary, or habitual basis, one of ordinary intelligence is given fair notice of what conduct is prohibited and arbitrary, and erratic arrests and convictions ar…

O.C.G.A. § 41-1-4 AGGRAVATED ASSAULT

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Sexual assault. Registration of sex offenders, §§42-1-12 to 42-1-19. AGGRAVATED CHILD MOLESTATION. Registration of sex offenders, §§42-1-12 to 42-1-19. AGGRAVATED SODOMY. Registration of sex offenders, §§42-1-12 to 42-1-19. AGGRAVATED STALKING. Probation. Conditions of probation,…

O.C.G.A. § 41-1-5 Law reviews

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— For article discussing options to purchase realty in Georgia, with respect to restrictive covenants, see 8 Ga. St. B.J. 229 (1971). For annual survey on law of real property, see 42 Mercer L. Rev. 389 (1990). For annual survey article on real property law, see 52 Mercer L. Rev.…

O.C.G.A. § 41-1-6 Erection or continuance of nuisance after notice to abate

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Any person who shall erect or continue after notice to abate a nuisance which tends to annoy the community, injure the health of the citizens in general, or corrupt the public morals shall be guilty of a misdemeanor. History. Laws 1833, Cobb’s 1851 Digest, p. 817; Code 1863, § 44…

O.C.G.A. § 41-1-7 Treatment of agricultural facilities and operations and forest land as nuisances

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(a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest land and facilities for the production or distribution of food and other agricultural products, including without limitation forest produc…

O.C.G.A. § 41-1-8 Treatment of publicly owned cultural facilities as nuisances

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(a) It is declared the public policy of this state to conserve, protect, and encourage the development of publicly owned cultural facilities. In order to encourage the establishment and maintenance of publicly owned cultural facilities, it is the purpose of this Code section to l…

O.C.G.A. § 41-1-9 Sport shooting ranges

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(a) As used in this Code section, the term: (1) “Person” means an individual, proprietorship, partnership, corporation, or unincorporated association. (2) “Sport shooting range” or “range” means an area designated and operated by a person for the sport shooting of ﬁrearms and not…

O.C.G.A. § 41-2-1 Authorization and procedure for abatement of nuisances generally

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Upon ﬁling of a petition as provided in Code Section 41-2-2, any nuisance which tends to the immediate annoyance of the public in general, is manifestly injurious to the public health or safety, or tends greatly to corrupt the manners and morals of the public may be abated by ord…

O.C.G.A. § 41-2-10 Determination by public officer that dwelling, building, or structure is unﬁt or vacant, dilapidated, and being used in connection with the commission of drug crimes

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(a) An ordinance adopted by a county or municipality under Code Sections 41-2-7 through 41-2-9, this Code section, and Code Sections 41-2-11 through 41-2-17 shall provide that the public officer may determine, under existing ordinances, that a dwelling, building, or structure is …

O.C.G.A. § 41-2-11 Powers of public officers in regard to unﬁt buildings or structures

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An ordinance adopted by the governing body of the county or municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of Code Sections 41-2-7 through 41-2-10, this Code section, a…

O.C.G.A. § 41-2-12 The clerk of superior court shall record and index such certiﬁed copy of the order in the deed records of the county and enter the lien on the general execution docket

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The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid. (2) Upon ﬁnal determination of costs, fees, and expenses incurred in accordance with this chapter, the public officer…

O.C.G.A. § 41-2-13 Injunctions against order to repair, close, or demolish unﬁt buildings or structures

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Any person affected by an order issued by the public officer may petition to the superior court for an injunction restraining the public officer from carrying out the provisions of the order and the court may, upon such petition, issue a temporary injunction restraining the publi…

O.C.G.A. § 41-2-14 Taking of unﬁt buildings or structures by eminent domain; police power

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Nothing in Code Sections 41-2-7 through 41-2-13, this Code section, and Code Sections 41-2-15 through 41-2-17 shall be construed as preventing the owner or owners of any property from receiving just compensation for the taking of such property by the power of eminent domain under…

O.C.G.A. § 41-2-15 Authority to use revenues, grants, and donations to repair, close, or demolish unﬁt buildings or structures

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Any county or municipality is authorized to make such appropriations from its revenues as it may deem necessary and may accept and apply grants or donations to assist it in carrying out the provisions of ordinances adopted in connection with the exercise of the powers granted und…

O.C.G.A. § 41-2-16 Construction of Code Sections 41-2-7 through 41-2-17 with county or municipal local enabling Act, charter, and other laws, ordinances, and regulations

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Nothing in Code Sections 41-2-7 through 41-2-15, this Code section, and Code Section 41-2-17 shall be construed to abrogate or impair the powers of the courts or of any department of any county or municipality to enforce any provisions of its local enabling Act, its charter, or i…

O.C.G.A. § 41-2-17 Prior ordinances relating to repair, closing, or demolition of unﬁt buildings or structures

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Ordinances relating to the subject matter of Code Sections 41-2-7 through 41-2-16 and this Code section adopted prior to July 1, 2001, shall have the same force and effect on and after said date as ordinances adopted subsequent to and by authority of these Code sections. History.…

O.C.G.A. § 41-2-2 Filing of complaint to abate public nuisance

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Private citizens may not generally interfere to have a public nuisance abated. A complaint must be ﬁled by the district attorney, solicitorgeneral, city attorney, or county attorney on behalf of the public. However, a public nuisance may be abated upon ﬁling of a complaint by any…

O.C.G.A. § 41-2-3 Filing of petition to abate private nuisance

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A private nuisance may be abated upon ﬁling of a petition by the person injured. History. Orig. Code 1863, § 3999; Code 1868, § 4027; Code 1873, § 4098; Code 1882, § 4098; Civil Code 1895, § 4766; Civil Code 1910, § 5338; Code 1933, § 72-203; Ga. L. 1980, p. 620, § 3.

O.C.G.A. § 41-2-4 Issuance of injunction against potential nuisance prior to erection or completion

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Where the consequence of a nuisance about to be erected or commenced will be irreparable damage and such consequence is not merely possible but to a reasonable degree certain, an injunction may be issued to restrain the nuisance before it is completed. History. Orig. Code 1863, §…

O.C.G.A. § 41-2-5 Authorization and procedure for abatement of nuisances in cities and unincorporated areas of counties

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If the existence of a nuisance is complained of in a county or city of this state, the municipal court of the city, if the nuisance complained of is in the city, shall have jurisdiction to hear and determine the question of the existence of such nuisance and, if found to exist, t…

O.C.G.A. § 41-2-7 Power to repair, close, or demolish unﬁt buildings or structures; health hazards on private property; limitations

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(a) It is found and declared that in the counties and municipalities of this state there is the existence or occupancy of dwellings or other buildings or structures which are unﬁt for human habitation or for commercial, industrial, or business occupancy or use and not in complian…

O.C.G.A. § 41-2-8 Deﬁnitions for use in Code Sections 41-2-7 through 41-217

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As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term: (1) “Applicable codes” means (A) any optional housing or abatement standard provided in Chapter 2 of Title 8 as adopted by ordinance or operation of law, or other property maint…

O.C.G.A. § 41-2-9 County or municipal ordinances relating to unﬁt buildings or structures

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(a) In addition to any other remedies or enforcement mechanisms available, upon the adoption of an ordinance ﬁnding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such…

O.C.G.A. § 41-3-1 “Sexually related charges” deﬁned; establishment, maintenance, or use of building, structure, or place for sexually related activities; evidence of nuisance

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(a) As used in this Code section, the term “sexually related charges” means a violation of Code Section 16-5-46, 16-6-2, 16-6-8, 16-6-9, 16-6-10, 16-6-11, 16-6-12, 16-6-15, or 16-6-16 when: (1) Returned in an indictment by a grand jury; or (2) Filed as an accusation by a prosecut…

O.C.G.A. § 41-3-1.1 Substantial drug related activity upon real property; knowledge of owner; remedies cumulative

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(a) As used in this Code section, the term: (1) “Drug related charges” means a violation of Code Section 16-13-30 when: (A) Returned in an indictment by a grand jury; or (B) Filed as an accusation by a prosecuting attorney that results in a conviction, a plea of guilty under any …

O.C.G.A. § 41-3-10 Issuance of permanent injunction; entry and enforcement of judgment; disposition of sums arising from enforcement of judgment

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(a) Whenever a permanent injunction is issued against any person for maintaining a nuisance as described in Code Section 41-3-1 or against any owner of the building, structure, or place knowingly kept or used for the purposes prohibited by this chapter, the judge granting the inj…

O.C.G.A. § 41-3-11 Injunction binding throughout judicial circuit in which issued; violation of provisions of injunction deemed contempt

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When an injunction is granted, it shall be binding on the defendant throughout the judicial circuit in which it is issued; and any violation of the provisions of the injunction shall be a contempt of court. History. Ga. L. 1917, p. 177, § 2; Code 1933, § 72-304.

O.C.G.A. § 41-3-12 Contempt proceedings; punishment for contempt of court

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(a) In the event of the violation of any injunction granted under this chapter, the court may summarily try and punish the offender. The proceedings shall be commenced by ﬁling with the clerk of the court an information, under oath, setting out the alleged facts constituting such…

O.C.G.A. § 41-3-13 Abatement of nuisance by state courts and municipal courts of municipalities having population of 15,000 or more

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In addition to the remedies provided for by Code Sections 41-3-2 through 41-3-12, state courts and the municipal courts of municipalities having a population of 15,000 or more according to the United States decennial census of 1970 or any future such census, when the nuisance exi…

O.C.G.A. § 41-3-2 Action to enjoin nuisance perpetually; temporary restraining order or interlocutory injunction authorized

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Whenever a nuisance is kept, maintained, or exists, as deﬁned in Code Section 41-3-1 or 41-3-1.1, the district attorney, the solicitorgeneral, city attorney, or county attorney, or any private citizen of the county may maintain an action in the name of the state upon the relation…

O.C.G.A. § 41-3-3 Dismissal of complaint ﬁled by private citizen; substitution of district attorney or another private citizen for original complainant

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If the complaint is ﬁled by a private citizen, it shall not be dismissed except upon ﬁling of a sworn statement by the complainant and his attorney setting forth the reasons why the action should be dismissed and upon approval of the dismissal by the district attorney in writing …

O.C.G.A. § 41-3-4 Notice of hearing upon application for temporary restraining order or interlocutory injunction

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Notice shall be given to the defendant of the hearing of the application for a temporary restraining order or an interlocutory injunction as provided in Code Section 9-11-65. History. Ga. L. 1917, p. 177, § 2; Code 1933, § 72-303.

O.C.G.A. § 41-3-5 Procedure for trial for action to enjoin a nuisance; admissibility of evidence

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An action to enjoin a nuisance shall be triable as all other civil cases. In such action, evidence of the general reputation of the building, structure, or place shall be admissible for the purpose of proving the existence of such nuisance. History. Ga. L. 1917, p. 177, § 3; Code…

O.C.G.A. § 41-3-6 COUNTIES

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Abatement of nuisances. Authorization and procedure for abatement in unincorporated areas, §41-2-5. Unﬁt buildings or structures. Power of counties and municipalities to repair, close or demolish, §§41-2-7 to 41-2-17. INDEX COUNTIES —Cont’d Buildings. Nuisances. Unﬁt buildings or…

O.C.G.A. § 41-3-7 Order of abatement generally; breaking and entering or using closed building, structure, or place; fees for removal, sale, or closure of property

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(a) If the existence of a nuisance shall be established in an action as provided in this chapter, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building, structure, or place of all ﬁxtures, furniture, a…

O.C.G.A. § 41-3-8 Disposition of proceeds of sale of personal property

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The proceeds of the sale of the personal property, as provided in Code Section 41-3-7, shall be applied in payment of the cost of the action and abatement, and the balance, if any, shall be paid to the defendant. History. Ga. L. 1917, p. 177, § 6; Code 1933, § 72-310.

O.C.G.A. § 41-3-9 Suspension of abatement order and release of property; effect of release of property

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(a) If the owner of the building, structure, or place ordered abated shall appear and pay all costs of the proceedings and ﬁle a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court, conditioned that he will immediately …