reglab/housing_qa huggingface dataset:
GA Code § 36-74-20 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 2 - Enforcement Boards Created on or After January 1, 2003|§ 36-74-20. Application

 The provisions of this article shall apply to enforcement boards created on or after January 1, 2003.    (Code 1981, §36-74-20, enacted by Ga. L. 2003, p. 581, § 2.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2003, "January" was substituted for "Jan.".
GA Code § 36-74-21 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 2 - Enforcement Boards Created on or After January 1, 2003|§ 36-74-21. Definitions

 As used in this article, the term:    "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 regarding the same.   "County or municipal codes and ordinances" means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term "county and municipal codes and ordinances" shall not include:   Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or   Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25.     "Enforcement board" means a local government code enforcement board.   "Local governing body" means the governing authority of the county or municipality, however designated.   "Local governing body attorney" means the legal counselor for the county or municipality.   "Violation involving the health or safety of a third party" means a violation that creates a legitimate concern for the health and safety of a third-party occupant of a dwelling place or that creates an immediate and substantial danger to the environment.     (Code 1981, §36-74-4, enacted by Ga. L. 2000, p. 1102, § 3; Code 1981, §36-74-21, as redesignated by Ga. L. 2003, p. 581, § 2; Ga. L. 2012, p. 163, § 1/HB 93.)
GA Code § 36-74-23 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 2 - Enforcement Boards Created on or After January 1, 2003|§ 36-74-23. Initiating of Proceedings; Time to Correct Violations; Repeat Violations; Hearings

  It shall be the duty of the code enforcement officer to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings.   Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code enforcement officer shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officer shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code enforcement officer proceeds through a code enforcement board, the code enforcement officer shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-29 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-29. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code enforcement officer, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.   If a repeat violation is found, the code enforcement officer shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code enforcement officer, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-29. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state.   If the code enforcement officer has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.     (Code 1981, §36-74-6, enacted by Ga. L. 2000, p. 1102, § 3; Code 1981, §36-74-23, as redesignated by Ga. L. 2003, p. 581, § 2; Ga. L. 2012, p. 163, § 2/HB 93.)
GA Code § 36-74-24 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 2 - Enforcement Boards Created on or After January 1, 2003|§ 36-74-24. Calling of Hearings; Hearing Proceedings

  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 enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties.   Each case before an enforcement board shall be presented by the local governing body attorney or by a code enforcement officer or other member of the administrative staff of the local governing body.   An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code enforcement officer and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.   At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this article. The findings and conclusions shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, three members of a five-member enforcement board, or two members of a three-member enforcement board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.     (Code 1981, §36-74-7, enacted by Ga. L. 2000, p. 1102, § 3; Code 1981, §36-74-24, as redesignated by Ga. L. 2003, p. 581, § 2; Ga. L. 2012, p. 163, § 3/HB 93.)
GA Code § 36-74-25 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 2 - Enforcement Boards Created on or After January 1, 2003|§ 36-74-25. Powers of Enforcement Boards

 Each enforcement board shall have the power to:    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;   Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-13-24 to serve subpoenas;   Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance;   Take testimony under oath; and   Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.     (Code 1981, §36-74-8, enacted by Ga. L. 2000, p. 1102, § 3; Code 1981, §36-74-25, as redesignated by Ga. L. 2003, p. 581, § 2; Ga. L. 2011, p. 99, § 51/HB 24.)   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article, "Evidence," see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 1 (2011).
GA Code § 36-74-26 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 2 - Enforcement Boards Created on or After January 1, 2003|§ 36-74-26. Administrative Fines; Public Record

  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.     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.   An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00.   In determining the amount of the fine, if any, the enforcement board shall consider the following factors:   The gravity of the violation;   Any actions taken by the violator to correct the violation; and   Any previous violations committed by the violator.     An enforcement board may reduce a fine imposed pursuant to this Code section.     A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien.   If an environmental court is in existence with jurisdiction over ordinances subject to the jurisdiction of the enforcement board, the violator may object to the fine imposed and submit to the jurisdiction of the environmental court. The case shall be transferred to the environmental court and handled de novo as an ordinance violation.     (Code 1981, §36-74-9, enacted by Ga. L. 2000, p. 1102, § 3; Code 1981, §36-74-26, as redesignated by Ga. L. 2003, p. 581, § 2; Ga. L. 2012, p. 163, § 4/HB 93.)
GA Code § 36-74-27 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 2 - Enforcement Boards Created on or After January 1, 2003|§ 36-74-27. Length of Liens

 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 to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.    (Code 1981, §36-74-10, enacted by Ga. L. 2000, p. 1102, § 3; Code 1981, §36-74-27, as redesignated by Ga. L. 2003, p. 581, § 2.)
GA Code § 36-74-28 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 2 - Enforcement Boards Created on or After January 1, 2003|§ 36-74-28. Appeals to Superior Court

 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.    (Code 1981, §36-74-11, enacted by Ga. L. 2000, p. 1102, § 3; Code 1981, §36-74-28, as redesignated by Ga. L. 2003, p. 581, § 2.)
GA Code § 36-74-29 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 2 - Enforcement Boards Created on or After January 1, 2003|§ 36-74-29. Notice Required; Form of Notice

  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 by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice.   In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:   Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in the newspaper in which the sheriff's advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper;   If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or   Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery, mail, or statutory overnight delivery as required under subsection (a) of this Code section. Evidence that an attempt has been made to deliver notice by hand, mail, or statutory overnight delivery as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in this subsection, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.       (Code 1981, §36-74-12, enacted by Ga. L. 2000, p. 1102, § 3; Ga. L. 2001, p. 1212, § 5; Code 1981, §36-74-29, as redesignated by Ga. L. 2003, p. 581, § 2; Ga. L. 2012, p. 163, § 5/HB 93.)   Editor's notes.   - Ga. L. 2001, p. 1212, § 7, not codified by the General Assembly, provides that the Act is applicable with respect to notices delivered on or after July 1, 2001.
GA Code § 36-74-30 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 2 - Enforcement Boards Created on or After January 1, 2003|§ 36-74-30. Other Enforcement Methods; Probable Cause for Investigation Required

  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 means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations.   No local government is authorized to perform investigations or inspections of residential rental property unless there is probable cause to believe there is or has been a violation or violations of applicable codes, and in no event may a local government require the registration of residential rental property. Conditions which appear to be code violations which are in plain view may form the basis for probable cause.     (Code 1981, §36-74-13, enacted by Ga. L. 2000, p. 1102, § 3; Code 1981, §36-74-30, as redesignated by Ga. L. 2003, p. 581, § 2; Ga. L. 2003, p. 818, § 2; Ga. L. 2012, p. 163, § 6/HB 93.)
GA Code § 36-74-40 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 3 - Enforcement Boards Created Prior to January 1, 2003|§ 36-74-40. Application of Article

 The provisions of this article shall apply to enforcement boards created prior to January 1, 2003.    (Code 1981, §36-74-40, enacted by Ga. L. 2003, p. 581, § 2.)
GA Code § 36-74-41 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 3 - Enforcement Boards Created Prior to January 1, 2003|§ 36-74-41. Definitions

 As used in this article, the term:    "Code inspector" means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance.   "County or municipal codes and ordinances" means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term "county and municipal codes and ordinances" shall not include:   Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or   Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25.     "Enforcement board" means a local government code enforcement board.   "Local governing body" means the governing authority of the county or municipality, however designated.   "Local governing body attorney" means the legal counselor for the county or municipality.   "Repeat violation" means any violation of county or municipal codes or ordinances by an owner or co-owner whom the enforcement board has previously found to be in violation of a code or ordinance within one year prior to such violation.   "Violation involving the health or safety of a third party" means a violation that creates a legitimate concern for the health and safety of a third-party occupant of a dwelling place or that creates an immediate and substantial danger to the environment or members of the community at large, especially minor children.     (Code 1981, §36-74-41, enacted by Ga. L. 2003, p. 581, § 2.)
GA Code § 36-74-43 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 74 - Local Government Code Enforcement Boards|Article 3 - Enforcement Boards Created Prior to January 1, 2003|§ 36-74-43. Initiating of Proceedings; Time to Correct Violations; Repeat Violations; Hearings

  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.   Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-49 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-49. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.   If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-49. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state.   If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.     (Code 1981, §36-74-43, enacted by Ga. L. 2003, p. 581, § 2.)