GA Code § 41-2-5 (2021)
2021 Georgia Code|Title 41 - Nuisances|Chapter 2 - Abatement of Nuisances Generally|§ 41-2-5. Authorization and Procedure for Abatement of Nuisances in Cities and Unincorporated Areas of Counties

 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, to order its abatement. If the nuisance complained of is located in the unincorporated area of a county, the magistrate court of the county, unless otherwise provided by local law, shall have such jurisdiction and power to order its abatement.   (Laws 1833, Cobb's 1851 Digest, p. 817; Code 1863, § 3996; Code 1868, § 4024; Code 1873, § 4095; Code 1882, § 4095; Ga. L. 1892, p. 64, § 1; Civil Code 1895, § 4762; Civil Code 1910, § 5331; Code 1933, § 72-401; Ga. L. 1981, p. 1739, § 1; Ga. L. 1987, p. 3, § 41; Ga. L. 1988, p. 1419, § 1.)   Cross references.   - Content of municipal or county ordinances relating to repair, closing, or demolition of dwellings unfit for human habitation, § 36-61-11.   Law reviews.   - For article, "Delegation in Georgia Local Government Law," see 7 Ga. St. B.J. 9 (1970). For article surveying Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Notice   Delegation of Power to Abate Nuisances   Jurisdiction   Pleading and Practice    OPINIONS OF THE ATTORNEY GENERAL   Determination of substandard buildings as nuisance.   - If substandard buildings in a town or city are alleged to be a nuisance, this may be determined in accordance with this section; this determination must be made subject to the due process provisions of state and federal Constitutions; if a nuisance is found to exist, the court can order its abatement; if the property owner fails to abate the nuisance, he may be bound over to a court having jurisdiction of misdemeanors; the municipality cannot itself demolish the offending buildings unless it condemns the property and compensates the owner. 1970 Op. Att'y Gen. No. U70-229.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Political Subdivisions, §§ 443-446. 58 Am. Jur. 2d, Nuisances, §§ 28, 50, 351, 352, 371, 372.   C.J.S.   - 62 C.J.S., Municipal Corporations, § 281.   ALR.    - Tannery or curing of hides as a nuisance, or subject of municipal regulation, 32 A.L.R. 1358.    Validity of municipal ordinance prohibiting or regulating keeping of livestock, 32 A.L.R. 1372; 40 A.L.R. 566.    Right of abutting owner to complain of misuse of public park or violation of rights or easements appurtenant thereto, 60 A.L.R. 770.    Right, as between state and county or municipality, to maintain action to abate a public nuisance in a street or highway, 65 A.L.R. 699.    Validity, construction, and application of statute or ordinance declaring plant or establishment which emits offensive odors to be a public nuisance, 141 A.L.R. 285.    Validity of provision of statute or ordinance that requires vacation of premises which do not comply with building or sanitary regulations, upon notice to that effect, without judicial proceeding, 153 A.L.R. 849.   Landowner's or occupant's liability in damages for escape, without negligence, of harmful gases or fumes from premises, 54 A.L.R.2d 764; 2 A.L.R.4th 1054.   Dairy, creamery, or milk distributing plant, as nuisance, 92 A.L.R.2d 974.   Statutes, ordinances, or regulations relating to private residential swimming pools, 92 A.L.R.2d 1283.   Gasoline or other fuel storage tanks as nuisance, 50 A.L.R.3d 209.   Recovery in trespass for injury to land caused by airborne pollutants, 2 A.L.R.4th 1054.