§ 74-172. Junked motor vehicles.

(a)

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

Junked motor vehicle means any vehicle which is self-propelled, which is without current registration and license tag and inspection sticker, and which is one or more of the following:

(1)

Wrecked;

(2)

Dismantled;

(3)

Abandoned;

(4)

Partially dismantled; or

(5)

Inoperative.

(b)

Nuisance declared. It shall be unlawful for the owner or occupant of any lot, tract, parcel of land or premises in the city to suffer, permit or allow any junked motor vehicle to be parked, let or maintained thereon; and it shall be unlawful for any person to cause or maintain such a junked motor vehicle on the real property of another. The presence of such a junked motor vehicle shall constitute a public nuisance per se, except that it shall not be a nuisance to maintain, in an otherwise lawful manner:

(1)

Any motor vehicle in an enclosed building;

(2)

Any motor vehicle on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or

(3)

Any motor vehicle on property occupied and used for repair, reconditioning and remodeling of motor vehicles in conformance with the zoning ordinances of the city.

(c)

Exception. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under other provisions of law.

(d)

Section not exclusive. This section is not the exclusive regulation within the city. It shall be supplemental and in addition to the other regulatory statutes and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(e)

Notice. Except in circumstances where the public health and safety require an immediate hearing before the municipal court as set forth in subsection (f) of this section, the commissioner of public works shall give written notice to the owner of the vehicle or the person in possession, charge or control of the real property affected, that, in the opinion of the commissioner, a public nuisance exists. Such notice shall be deemed adequate when attached to the vehicle so as to be visible to persons outside the vehicle. Such notice shall state that action to eliminate the nuisance is requested within the number of days specified in the notice, and shall further state that, if such action is not taken within the time specified, summons will be issued requiring the party notified to appear in the municipal court to have there determined whether a nuisance exists and should be abated.

(f)

Hearing. If the commissioner of public works shall determine that such a nuisance exists on any property within the city, it shall be the duty of the commissioner to issue summons to the owner of the real property affected, persons in possession of the real property affected, and to the last registered and legal owner of record of the junked motor vehicle unless identification numbers are not available to determine ownership, to appear before a judge of the municipal court, as provided in O.C.G.A. § 41-2-5 to determine whether a nuisance exists and should be abated.

(g)

Service. Summons or complaints issued in accordance with subsection (f) of this section shall, in all cases, be served upon owners and persons in possession of such real property, and owners of the junked motor vehicle whose identity is known; and the return of service signed by the public officer or agent or an affidavit of service executed by a duly authorized citizen of this state reciting that a copy of such complaint or orders was served upon such person personally or by leaving such copy at the place of such person's residence shall be sufficient evidence as to the service of such person in possession, owners and parties in interest.

(1)

If any of the owners and parties in interest shall reside out of the city, service shall be perfected by causing a copy of such summons or complaint to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties or such service may be made by any citizen; and the return of such sheriff or lawful deputy or the affidavit of such citizen that such party or parties were served either personally or by leaving a copy of the complaint or orders at the residence shall be conclusive as to such service.

(2)

Nonresidents of the state shall be served by publishing the same once each week for two weeks in a newspaper printed and published in the city. A copy of such complaint or summons shall be posted in a conspicuous place on the property affected by the complaint or summons. A copy of such complaint or summons will also be filed in the proper office or offices for the filing of lis pendens notices in the county in which the property is located, and such filing of the summons or complaint shall have the same force and effect as other lis pendens notices provided by law. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to such nonresidents by registered or certified mail.

(3)

If either the owner or any party in interest is a minor or an insane person or person laboring under disabilities and the guardian or personal representative resides outside the city in this subsection or is a nonresident, such person shall be served as provided in this subsection in such cases. If such minor or insane person or person laboring under disabilities has not guardian or personal representative or if such minor or insane person lives outside of the city or is a nonresident, service shall be perfected by serving such minor or insane person personally or by leaving a copy at the place of such person's residence, which shall be sufficient evidence as to the service of such person; in the case of other persons who live outside of the city or who are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located, who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such persons.

(4)

If the whereabouts of any owner or party in interest are unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the service of such complaint or summons upon such persons shall be made in the same manner as provided for nonresidents of the state as set out in this section, or service may be perfected upon any person holding itself out as an agent for the property involved.

(h)

Failure to abate. If, upon a hearing as provided for in this section, a judge of the municipal court shall find that a nuisance exists, and further orders any party to abate such nuisance within a specified time, then each ten days that the nuisance is maintained subsequent to the expiration of the time fixed in the judgment shall constitute an offense.

(i)

Abatement by city. If the nuisance, as adjudged by the municipal court, is not abated as ordered within ten days from the date of such adjudication, then the commissioner of public works is authorized to remove any junked motor vehicle from the property in question. The cost to the city of this abatement shall be charged to parties adjudged responsible for such nuisance abatement. If the owner of the real property affected has been adjudged responsible for abatement, and the charges remain unpaid for a period of 30 days after payment is due, the mayor or designee shall cause an execution to be issued against the owner of the property for those charges. The execution shall be a lien on the property and, when recorded in the general execution docket of the county, shall be a lien on all property of the defendant in execution from the date of such recording.

(Code 1977, §§ 9-6001(10), 9-6031, 9-6032, 17-9015)

State law reference

Abandoned motor vehicles, O.C.G.A. § 40-11-1 et seq.