§ 11-108. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicable codes means:

(1)

Any optional housing or abatement standard provided in O.C.G.A. title 8, ch. 2 (O.C.G.A. § 8-20-1 et seq.) as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property;

(2)

Any fire or life safety code as provided for in O.C.G.A. title 25, ch. 2 (O.C.G.A. § 25-2-1 et seq.); and

(3)

The minimum standard codes provided in O.C.G.A. title 8, ch. 2 (O.C.G.A. § 8-20-1 et seq.); provided, that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law.

Closing means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry.

Drug crime means an act that is a violation of the Georgia Controlled Substances Act (O.C.G.A. § 16-13-20 et seq.).

Dwellings, buildings, or structures means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. The term "dwellings, buildings, or structures" shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Interested parties means:

(1)

The owner;

(2)

Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia;

(3)

Those parties having filed a notice in accordance with O.C.G.A. § 48-3-9;

(4)

Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the Clerk of the court; and

(5)

Persons in possession of said property and premises.

The term "interested parties" shall not include the holder of the benefit or burden of any easement or right-of-way whose interest is properly recorded which interest shall remain unaffected.

Nuisance means any of the conditions designated in section 11-107(a).

Owner means the holder of the title in fee simple and every mortgagee of record.

Public authority means the Mayor, any member of the City Council, any housing authority officer, or any officer who is in charge of any department or branch of the government of the City government relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the City.

Public officer means the officer who are authorized to exercise the powers prescribed by the article or any agent of such officer.

Repair means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure.

Resident means any person residing in the City on or after the date on which the alleged nuisance arose.

(Code 1978, § 11-60; Ord. of 4-2-1998, § I)

State law reference

Similar provisions, O.C.G.A. § 41-2-8.