§ 18. Judicial Proceedings.

(a)

Charges and Summons/Civil Notice. If the owner, operator or occupant violates Section 17(a), the Director shall be authorized to issue to such person a copy of charges and summons, or in the case of corporate entities, a civil notice, directing the person to appear before the Court, or notifying them of their opportunity to do so, respectively, a specified time and place to answer the charges. Service of such charges and summons, or civil notice shall be accomplished as provided by State Law.

(b)

Emergency Power. Notwithstanding any other provisions of this Code, whenever the Director shall determine that conditions constitute a clear and present danger or hazard to person or property, the Director shall be authorized to cause the charges and summons, or civil notice, provided by subsection (a) hereinabove to issue instanter or to take any other appropriate action necessary to correct said conditions.

(c)

Hearings; Orders.

(1)

The Court shall hear the evidence and determine whether or not the person named in the summons or civil notice has violated this Code as charged. The Court shall enumerate the conditions that it determines are in violation of this Code and impose or require appropriate penalties for each such violation. Where a corporate entity fails to appear following the issuance of the civil notice provided by subsection (a) hereinabove, the Court may hear the evidence and determine whether or not the corporate entity named therein has violated this Code as charged in absentia, and no charge of contempt for failure to appear shall issue.

(2)

The Court shall issue a written finding of fact and conclusion of law incorporating the enumerated conditions and penalties referred to in Subsection (1) and shall provide a copy of said order to the defendant and Director. Where the Court issues a written finding of fact and conclusion of law against a corporate entity in absentia, the requirement that the Court provide a copy of said order to the defendant shall be satisfied by mailing the order.

(3)

Placarding of Occupied Property. Occupied property shall be placarded only by order of the court after the property has been adjudicated to be unfit for human habitation.

(d)

Penalties . Failure to comply with any provision of this Code shall constitute an offense and shall be punishable as follows:

(1)

Persons other than Corporate Entities: except as otherwise provided in this subsection, a first conviction for violation of this Code shall be punishable by a fine of not less than $250.00 nor more than $1,000.00 or imprisonment for not more than 60 days or both if the violation has been brought into compliance at the time of sentencing. A first conviction for violation of this Code shall be punishable by a fine not less than $500.00 nor more than $1,000.00 or imprisonment for not more than 60 days or both if the violation has not been brought into compliance at the time of sentencing.

Corporate Entities: except as otherwise provided in this subsection, a first conviction for violation of this Code shall be punishable by a civil fine of not less than $250.00 nor more than $1,000.00 if the violation has been brought into compliance at the time of sentencing. A first conviction for violation of this Code shall be punishable by a civil fine not less than $500.00 nor more than $1,000.00 if the violation has not been brought into compliance at the time of sentencing.

(2)

Persons other than Corporate Entities: except as otherwise provided in this subsection, a second conviction for violation of this Code shall be punishable by a fine of not less than $500.00 nor more than $1,000.00 or imprisonment for not more than 60 days or both if the violation has been brought into compliance at the time of sentencing. A second conviction for violation of this Code shall be punishable by a fine of $1,000.00 or imprisonment for not more than 60 days or both if the violation has not been brought into compliance at the time of sentencing.

Corporate Entities: except as otherwise provided in this subsection, a second conviction for violation of this Code shall be punishable by a civil fine of not less than $500.00 nor more than $1,000.00 if the violation has been brought into compliance at the time of sentencing. A second conviction for violation of this Code shall be punishable by a civil fine of $1,000.00 if the violation has not been brought into compliance at the time of sentencing.

(3)

Persons other than Corporate Entities: except as otherwise provided in this subsection, a third conviction for violation of this Code shall be punishable by a fine of $1,000.00 or imprisonment for not more than 60 days or both.

Corporate Entities: except as otherwise provided in this subsection, a third or subsequent conviction for violation of this Code shall be punishable by a civil fine of $1,000.00.

(4)

A fourth or subsequent conviction for violation of this Code by a Person other than a Corporate Entity shall be punishable by imprisonment for no less than 30 days and no more than 180 days.

(5)

Multi-family Properties with Multiple Violations. Where the Commander of the Code Enforcement Section of the Atlanta Police Department has determined that there are no less than five violations of this Code simultaneously occurring on the property of a multiple dwelling, multi-family dwelling, apartment, apartment house, or rooming house as such terms are defined in section 16-29.001(12)(b), the owner, operator, or both of the property shall receive a single citation which shall describe the specific violations occurring on the property.

(i)

Persons other than Corporate Entities: the conviction of the owner or operator of a multi-family property with multiple violations as described herein shall be punishable by a fine of $5,000.00 or imprisonment as otherwise provided in this subsection, or both.

Corporate Entities: the conviction of the owner or operator of a multi-family property with multiple violations as described herein shall be punishable by a civil fine of $5,000.00.

(ii)

Each and every day any of the conditions leading to the area maintained or the activity is conducted after the expiration of all reasonable time given to comply with any provision of this Code shall constitute a separate offense as to each violation of the Code and shall be punishable as provided herein.

(6)

The municipal court shall levy a fee of $50.00 for the inspection of the property by a code enforcement officer for which the citation was issued. In each instance where the municipal court resets the case to afford the defendant an opportunity to come into compliance, the municipal court shall levy a fee of $50.00 for each re-inspection by a code enforcement officer.

(7)

Where a person shall be convicted of more than one offense and sentenced to imprisonment, such sentences shall be served concurrently; provided, however, that the judge may, at his or her discretion, direct that these sentences run severally if said sentence would not exceed 180 days.

(8)

Any or all of the penalties prescribed in this subsection may be imposed upon the appropriate officers or partners of a corporation, partnership or other legal entity that acts unlawfully pursuant to Section 17(a).

(e)

Separate Offenses . Any person failing to comply with any provision of this Code shall be guilty of an offense. Each and every day the condition is maintained, or the activity is conducted after the expiration of all reasonable time given to comply with any provision of this Code shall constitute a separate offense as to each violation of the Code and shall be punishable as provided in Subsection (d) hereinabove.

(f)

Any person who knowingly and willing aids another in violating the provisions of this Code shall be a party to the offense and subject to the penalties provided hereinbefore.

(g)

Reports of Disposition of Cases. The Clerk of Municipal Court shall prepare weekly reports of the disposition of Housing Code Cases and distribute said reports to the Director.

(h)

Notwithstanding paragraph (d), failure to comply with any provision of Section 19 of this Code shall constitute an offense and shall be punishable as follows:

(1)

Persons other than Corporate Entities: a first conviction for violation of Section 19 of this Code shall be punishable by a fine of not less than $500.00 nor more than $1,000.00 or imprisonment for not more than 60 days or both if the violation has been brought into compliance at the time of sentencing. A first conviction for violation of Section 19 of this Code shall be punishable by a fine of not less than $750.00 nor more than $1,000.00 or imprisonment for not more than 60 days or both if the violation has not been brought into compliance at the time of sentencing.

Corporate Entities: a first conviction for violation of Section 19 of this Code shall be punishable by a civil fine of not less than $500.00 nor more than $1,000.00 if the violation has been brought into compliance at the time of sentencing. A first conviction for violation of Section 19 of this Code shall be punishable by a civil fine of not less than $750.00 nor more than $1,000.00 if the violation has not been brought into compliance at the time of sentencing.

(2)

Persons other than Corporate Entities: a second or third conviction for violation of Section 19 of this Code shall be punishable by a fine of $1,000.00 or imprisonment for not more than 60 days or both.

Corporate Entities: a second or subsequent conviction for violation of Section 19 of this Code shall be punishable by a civil fine of $1,000.00.

(3)

A fourth or subsequent conviction for violation of this Code by a Person other than a Corporate Entity shall be punishable by imprisonment for no less than 30 days and no more than 180 days.

(Ord. No. 1995-51, § I, 8-9-95; Ord. No. 1998-52, § 1, 7-13-98; Ord. No. 2003-99, § 1, 10-14-03; Ord. No. 2009-17(09-O-0407), §§ 1, 2, 5-4-09; Ord. No. 2010-25(10-O-0628), §§ 1, 2, 6-16-10; Ord. No. 2017-16(17-O-1155) , § 1, 4-20-17; Ord. No. 2018-56(18-O-1661), § 3, 11-14-18 )