Burnt House Ordinance

AN ORDINANCE RELATED TO THE DWELLINGS, BUILDINGS, OR STRUCTURES AND PUBLIC SAFETY IN BROOKS COUNTY, GEORGIA

SECTION 1

Purpose and Enactment Clause

      WHEREAS, this Ordinance is enacted to promote the safe operation and maintenance of property within unincorporated portions of Brooks County and to abate nuisances to the public.

       BE IT ORDDAINED by the Brooks County Board of Commissioners of Brooks County, Georgia as follows:

SECTION II

Body of Ordinance

(a) It is the duty of the owner of every dwelling, building, structure, or property within the jurisdiction to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within Brooks County, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances.

(b) The building inspector of Brooks County, or his or her designee (hereinafter "Building Inspector"), is designated and appointed to exercise the powers prescribed by the ordinances and effectuate the purposes of this Article and O.C.G.A. § 41-2-7 through O.C.G.A. § 42-2-17, including 

the following powers in addition to others granted in O.C.G.A. § 41-2-7 through O.C.G.A § 41-2-10 and O.C.G.A. § 41-2-12 through O.C.G.A. § 41-2-17:

(1) To investigate the dwelling condition in the unincorporated areas of the County in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial industrial business use, are vacant dilapidated or burnt, or being 

used in connection with the commission of drug crimes;

(2) To enter upon premises for the purpose of making examinations; provided however, that such entry shall be made in such manner as to cause the least possible inconvenience to the persons in 

possession;

(3) To appoint and affix the duties of such officers, agents, and employees as he or she deems necessary to carry out the purposes of this Article; and

(4) To delegate an of his or her functions and powers under this Article to such agents as he or she may designate.

(c) Whenever a request is filed with the Building Inspector by a public authority or by at least five residents of the unincorporated area of the County, if the property in question is located in the unincorporated area of the County, charging that any dwelling, building, structure, or property 

is unfit for human habitation or for commercial, industrial, or business use and not in compliance, with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the Building Inspector shall make an investigation or inspection of the specific dwelling, building, structure, or property. If the officer's investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the Building Inspector may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists  and shall cause summons and a copy of the complaint to be served on the interested parties for such dwelling, building, or structure. The complaint shall identify the subject real property by 

appropriate street address and official tax map reference; identify the interested parties; state with particularity the factual basis for the action; and contain a statement of the action sought by the Building Inspector to abate the alleged nuisance. The summons shall notify the interested 

parties that a hearing will beheld before a court of competent jurisdiction as determined by O.C.G.A. § 41-2-5, at a date and time certain and at a place within the county where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The interested parties shall have the right to file an answer to the complaint and to appear in person orby attorney and offer testimony at the time and place fixed for hearing.

(d)If, after such notice and hearing, the court determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state io writing findings of fact in support of such determination and shall issue and cause to be served upon the interested parties that have answered the complaint or appeared at the hearing an order:

(1)If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it  to full compliance with the ·applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or

(2) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property.

For purposes of this Code section, the court shall make its determination of "reasonable cost in relation to the present value of the dwelling, building, or structure" without consideration of the value of the land on, which the structure is situated; provided, however, that costs of the preparation 

necessary to repair, alter, or improve a structure may be considered. The income and financial status of the owner shall not be factor in the court's determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the jurisdiction.

(e) If the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the Building Inspector may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a court order issued pursuant to O.C.G.A. § 41-2-13 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the270 days in which such abatement action must commence. The Building Inspector shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words:

"This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of 

unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful."

(f) If the Building Inspector has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The Building Inspector and governing authority are relieved of any and all 

liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials.

The amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the County and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall borne by the property 

owner and be a lien against the real property upon which such cost was incurred. Such lien shall thereafter be the same as in the case of county taxes.

SECTION Ill

Severability

In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjunction shall not in any manner affect the other sections, sentences, clauses, or phrases of this Ordinance, which shall remain in full force 

and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally part thereof.

SECTION IV

Penalty Clause

Violations of any provisions of this Ordinance shall be punished in the same manner as provided for punishment of violations of validly enacted Ordinances of Brooks County or the Official Code of Georgia should no applicable Ordinance be enacted.

SECTION V

Repealing Clause

All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

SECTION VI

Adoption Date

This Ordinance was adopted by vote of the Brooks County Board of Commissioners on December 6, 2021.

SECTION VII

Effective Date

This Ordinance shall become effective on December 6, 2021.

   THEREFORE BE IT ORDAINED, that the Brooks County Commission does hereby ordain, resolve and enact 

foregoing Historic Preservation Board Ordinance for Brooks County.

APPROVED AND ADOPTED: