reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-6 - Identification and notification of descendants of person in cemetery sought to be developed

The applicant shall implement its plan for identifying and locating descendants no later than the date the application is submitted to the governing authority. The governing authority shall review the applicant's plan for identifying and notifying the descendants of the deceased persons and may require as a condition for issuing a permit that the applicant implement additional reasonable attempts to identify and locate descendants. Notice to possible descendants shall include information on how to contact the governing authority and a summary of the rights of descendants under this chapter. The governing authority shall promptly inform any descendant who indicates an interest in the disposition of the human remains and burial objects regarding any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and appeal procedures and events.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-7 - Public hearing on development of abandoned cemetery; time for decision on application for permit

(a)
Within 15 days after it is satisfied that all reasonable effort has been made to notify descendants, as provided in Code Section
36-72-6
, and following receipt of the recommendations of a board or commission created pursuant to Code Section
36-72-9
, the governing authority shall schedule a public hearing at which any interested party or citizen may appear and be given an opportunity to be heard. In addition to the notice required in Code Section
36-72-6
, notice of the public hearing shall be advertised in the legal organ of the jurisdiction once a week for the two consecutive weeks immediately preceding the week in which any such hearing is held.
(b)
Within 30 days after the conclusion of the public hearing, the governing authority shall notify the applicant in writing of its decision. The governing authority shall have the authority to deny the application with written reasons therefor, to issue a permit adopting the application in whole or in part, or to issue a permit which may include additional requirements to mitigate the proposed activity's adverse effects on the cemetery or burial ground, including but not limited to relocation of the proposed project, reservation of the cemetery or burial ground as an undeveloped area within the proposed development or use of land, and respectful disinterment and proper disposition of the human remains. The governing authority may adopt the applicant's proposal for mitigation.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-8 - Issues considered in decision on application for permit

The governing authority shall consider the following in making its determination:
(1)
The presumption in favor of leaving the cemetery or burial ground undisturbed;
(2)
The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;
(3)
The economic and other costs of mitigation;
(4)
The adequacy of the applicant's plans for disinterment and proper disposition of any human remains or burial objects;
(5)
The balancing of the applicant's interest in disinterment with the public's and any descendant's interest in the value of the undisturbed cultural and natural environment; and
(6)
Any other compelling factors which the governing authority deems relevant.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-9 - Establishment of board or commission to review applications in counties exceeding certain population size

The governing authority of any county whose population is in excess of 290,000 as established by the United States decennial census of 1980 or any such future census shall be authorized to establish or empower a new or existing commission or board to hear and review any application filed pursuant to Code Section
36-72-5
. The board or commission shall conduct a public hearing within 60 days of the filing of an application and shall make a written recommendation to the governing authority no later than 15 days following the public hearing with respect to the sufficiency of the notice to descendants, the plan for mitigation, the disturbance and adverse effects on the cemetery or burial ground, the survey of the cemetery, and plans for disinterment and reinterment.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-10 - Application fee

The governing authority shall be authorized to impose an application fee which shall reflect the cost to the governing authority for processing and reviewing the application including, but not limited to, the cost of hiring an attorney, independent archeologist, and independent surveyor to assist in making recommendations regarding the applicant's plan. Such fee, if imposed, shall not exceed $2,500.00.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-11 - Appeal of decision on application for permit

Should any applicant or descendant be dissatisfied with a decision of the governing authority, he or she, within 30 days of such decision, may file an appeal in the superior court of the county in which the cemetery or burial ground is located in addition to the superior courts enumerated in Code Section
50-13-19
.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-12 - Development activities pending appeal

Until the expiration of the time for appeal as set forth in Code Section
36-72-11
, the applicant shall not begin or resume activities which comply with the permit issued by the governing authority. If an appeal is filed, the applicant may begin or resume activities which comply with the permit only upon consent of the governing authority and the party seeking judicial review or upon order of the reviewing court for good cause shown.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-13 - Inspection to ensure applicant's compliance

The governing authority or local law enforcement agency shall inspect as necessary to determine whether the applicant has complied with the provisions of this chapter requiring cessation or limitation of activity and with the terms of the permit as issued by the governing authority or as modified by the superior court or reviewing court.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-14 - Jurisdiction of superior court; expending private or public funds to mitigate harm to cemetery

(a)
Notwithstanding any provisions of this chapter to the contrary, when any agency, authority, or political subdivision of the state seeks to file an application for a permit under this chapter, the superior court having jurisdiction over the real property wherein the cemetery or burial ground is located shall have exclusive jurisdiction over the permit application. The superior court shall conduct its investigation and determination of the permit in accordance with Code Sections
36-72-6
through
36-72-8
.
(b)
When activities of an agency, authority, or political subdivision of the state adversely affect an abandoned cemetery or a burial ground, such agency, authority, or political subdivision shall bear the cost of mitigating the harm to the abandoned cemetery or burial ground or reinterring the human remains as a part of the cost of the project and is authorized to expend public funds for such purpose. When activities of a private person, corporation, or other private entity adversely affect an abandoned cemetery or a burial ground, such person, corporation, or other entity shall bear the cost of mitigating the harm to the cemetery or burial ground or reinterring the human remains. The cost of mitigating the harm to an abandoned cemetery or to a burial ground or reinterring the human remains exposed through vandalism by an unidentified vandal or through erosion may be borne by the governing authority in whose jurisdiction the abandoned cemetery or burial ground is located.
(c)
The provisions of this chapter notwithstanding, the Department of Transportation shall not be required to obtain a permit under this chapter unless human remains are to be relocated; provided, however, that the department shall be required to obtain an archaeologist's report, pursuant to paragraph (2) of Code Section
36-72-5
, confirming the absence of human remains on the affected property.
Amended by 2011 Ga. Laws 192,§ 11, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-15 - Disinterment and disposition of human remains or burial objects

Any disinterment and disposition of human remains or burial objects permitted under this chapter shall be supervised, monitored, or carried out by the applicant's archeologist and shall be done at the expense of the person or entity to whom the permit is issued.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-16 - Penalties

Any person who knowingly fails to comply with the provisions of this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall pay a fine of not more than $5,000.00 for each grave site disturbed; provided, however, that any person who knowingly violates the provisions of Code Section
36-72-4
shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be incarcerated for not more than six months and shall pay a fine not less than $5,000.00 for each grave site disturbed.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 73 - CONTRACTS FOR REGIONAL FACILITIES (§§ 36-73-1 — 36-73-4) › Section 36-73-1 - Purpose

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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 73 - CONTRACTS FOR REGIONAL FACILITIES (§§ 36-73-1 — 36-73-4) › Section 36-73-2 - Public hearing on proposed contract; notice

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 shall be given by a prominent advertisement in a newspaper of general circulation within the county or municipality. The parties proposing to enter into a contract may agree to conduct a joint public hearing in lieu of separate public hearings by each party. The notice of public hearing required in the case of a municipality may be combined with a notice of public hearing for the county within which the municipality is located.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 73 - CONTRACTS FOR REGIONAL FACILITIES (§§ 36-73-1 — 36-73-4) › Section 36-73-3 - Proposed facility located outside county or municipality; feasibility study

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, prior to entering into the contract, conduct a financial feasibility study of the contract. Such study may be conducted by the county or municipality or the county or municipality may contract with another party for the conducting of the study. Two or more parties proposing to enter into a contract may conduct or contract for a joint financial feasibility study, but in this case the financial feasibility study shall separately address the fiscal concerns of each party to the proposed contract. A financial feasibility study shall at a minimum include a statement of the expected useful life of the regional project and a statement or projection of the costs and benefits to the county or municipality over the entire expected useful life of the project.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 73 - CONTRACTS FOR REGIONAL FACILITIES (§§ 36-73-1 — 36-73-4) › Section 36-73-4 - Impingement upon powers, authority, rights, and duties of sheriffs prohibited

No contract under Article IX, Section IV, Paragraph IV of the Constitution shall in any manner impinge upon the constitutional and statutory powers, authority, rights, and duties granted to the sheriffs of this state prior to the adoption of said Paragraph IV.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 1 - GENERAL PROVISIONS (§§ 36-74-1 — 36-74-3) › Section 36-74-1 - Short title

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.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 1 - GENERAL PROVISIONS (§§ 36-74-1 — 36-74-3) › Section 36-74-2 - Legislative intent

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 noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 1 - GENERAL PROVISIONS (§§ 36-74-1 — 36-74-3) › Section 36-74-3 - Creating or abolishing boards; hearings and fines

(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 boards the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30) › Section 36-74-20 - Application

The provisions of this article shall apply to enforcement boards created on or after January 1, 2003.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30) › Section 36-74-21 - Definitions

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 regarding the same.
(2)
"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:
(A)
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
(B)
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
.
(3)
"Enforcement board" means a local government code enforcement board.
(4)
"Local governing body" means the governing authority of the county or municipality, however designated.
(5)
"Local governing body attorney" means the legal counselor for the county or municipality.
(6)
"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.
Amended by 2012 Ga. Laws 596,§ 1, eff. 7/1/2012.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30) › Section 36-74-23 - Initiating of proceedings; time to correct violations; repeat violations; hearings

(a)
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.
(b)
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.
(c)
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.
(d)
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.
Amended by 2012 Ga. Laws 596,§ 2, eff. 7/1/2012.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30) › Section 36-74-24 - Calling of hearings; hearing proceedings

(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 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.
(b)
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.
(c)
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.
(d)
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.
Amended by 2012 Ga. Laws 596,§ 3, eff. 7/1/2012.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30) › Section 36-74-25 - Powers of enforcement boards

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 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;
(3)
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;
(4)
Take testimony under oath; and
(5)
Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.
Amended by 2011 Ga. Laws 52,§; 51, eff. 1/1/2013.
Added by 2003 Ga. Laws 239, §; 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30) › Section 36-74-26 - Administrative fines; public record

(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 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 involving the health or safety of a third party shall not exceed a total of $1,000.00.
(3)
In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
(A)
The gravity of the violation;
(B)
Any actions taken by the violator to correct the violation; and
(C)
Any previous violations committed by the violator.
(4)
An enforcement board may reduce a fine imposed pursuant to this Code section.
(c)
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.
(d)
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.
Amended by 2012 Ga. Laws 596,§ 4, eff. 7/1/2012.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30) › Section 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.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30) › Section 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.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30) › Section 36-74-29 - Notice required; form of notice

(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 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.
(b)
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:
(1)
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;
(2)
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
(3)
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.
Amended by 2012 Ga. Laws 596,§ 5, eff. 7/1/2012.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30) › Section 36-74-30 - Other enforcement methods; probable cause for investigation required

(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 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.
(b)
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.
Amended by 2012 Ga. Laws 596,§ 6, eff. 7/1/2012.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 3 - BOARDS CREATED BEFORE JAN. 1, 2003 (§§ 36-74-40 — 36-74-50) › Section 36-74-40 - Application of article

The provisions of this article shall apply to enforcement boards created prior to January 1, 2003.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 3 - BOARDS CREATED BEFORE JAN. 1, 2003 (§§ 36-74-40 — 36-74-50) › Section 36-74-41 - Definitions

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 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:
(A)
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
(B)
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
.
(3)
"Enforcement board" means a local government code enforcement board.
(4)
"Local governing body" means the governing authority of the county or municipality, however designated.
(5)
"Local governing body attorney" means the legal counselor for the county or municipality.
(6)
"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.
(7)
"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.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 3 - BOARDS CREATED BEFORE JAN. 1, 2003 (§§ 36-74-40 — 36-74-50) › Section 36-74-43 - Initiating of proceedings; time to correct violations; repeat violations; hearings

(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, 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.
(c)
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.
(d)
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.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 3 - BOARDS CREATED BEFORE JAN. 1, 2003 (§§ 36-74-40 — 36-74-50) › Section 36-74-45 - Powers of enforcement boards

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 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;
(3)
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;
(4)
Take testimony under oath; and
(5)
Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.
Amended by 2011 Ga. Laws 52,§; 52, eff. 1/1/2013.
Added by 2003 Ga. Laws 239, §; 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 3 - BOARDS CREATED BEFORE JAN. 1, 2003 (§§ 36-74-40 — 36-74-50) › Section 36-74-46 - Administrative fines; public record

(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 involving the health or safety of a third party shall not exceed a total of $1,000.00.
(3)
In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
(A)
The gravity of the violation;
(B)
Any actions taken by the violator to correct the violation; and
(C)
Any previous violations committed by the violator.
(4)
An enforcement board may reduce a fine imposed pursuant to this Code section.
(b)
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.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 3 - BOARDS CREATED BEFORE JAN. 1, 2003 (§§ 36-74-40 — 36-74-50) › Section 36-74-47 - 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.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 3 - BOARDS CREATED BEFORE JAN. 1, 2003 (§§ 36-74-40 — 36-74-50) › Section 36-74-48 - Petition for review 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 of the county in which the subject property is located. Such an appeal shall be in the form of a petition for review governed by Chapter 3 of Title 5 and shall be heard on the record. A petition for review shall be filed within 30 days of the execution of the order to be appealed.
Amended by 2022 Ga. Laws 875,§ 2-26, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.