§ 7. Enforcement.

(a)

Authority. The primary authority and responsibility for the enforcement of the provisions of this Code shall be vested in the Director of the Bureau Code Compliance of the City of Atlanta or the successor of such Bureau. The Director of the Bureau of Buildings shall assist the Director of the Bureau of Code Compliance upon the latter's request.

(b)

Powers and Duties of the Director. The Director shall have the power and duty to perform the following functions:

(1)

To investigate and determine whether dwellings and buildings in the City are in violation of any of the requirements of this Code and to determine if dwelling units are unfit for human habitation or other use;

(2)

To enter upon property for the purposes of making inspections, provided, however, that such entry shall be made as provided hereinafter in Section 8;

(3)

To investigate and determine whether certain provisions of this Code shall be enforced against the owner, operator, occupant or any combination thereof;

(4)

To appoint and fix the duties of such officers, agents and employees as the Director deems necessary to carry out the purposes of this Code;

(5)

To delegate any of the Director's functions and powers under this Code to such officers and agents as may be deemed necessary;

(6)

To administer oaths, affirmations, examine witnesses and receive evidence;

(7)

To accept complaints as provided for in this Code and, unless otherwise provided for in this Code, to determine when valid circumstances exist for such complaints to be oral rather than written, provided that any oral complaint shall be recorded by the Director in a timely manner;

(8)

To perform any other duty specified by this Code.

(c)

Assistance of County Authorities. In the performance of the aforementioned duties, the Director shall be authorized at any time to seek from the legally designated health authorities of Fulton and Dekalb Counties such assistance and cooperation as those authorities may be able to give in the areas of the City within their respective jurisdictions.

(d)

Adoption of Rules and Regulations by Director. The Director shall be authorized to adopt such reasonable rules and regulations as the Director may deem necessary for the proper administration and enforcement of the provisions of this Code; provided, however, such rules and regulations shall not be in conflict with this Code or with any laws of this State.

(e)

Determination of Reasonable Time for Compliance. When calculating a reasonable time for compliance under this Code, the Director shall take into consideration the following criteria:

(1)

The type and degree of defect cited;

(2)

Any procedural requirements for obtaining a permit to perform corrective action;

(3)

The anticipated complexity of the corrective action including but not limited to, seasonal considerations and construction requirements;

(4)

The intent of a responsible party to repair, demolish or vacate and close the building or dwelling, if such intent has been expressed to the Director;

(5)

Any other known circumstances beyond the control of the responsible party.

(f)

Private remedies. The authority of the Director to enforce this Code shall not preclude any person affected by a violation of this Code from bringing any action or asserting any defense pursuant to laws such as O.C.G.A. 44-7-2; 44-7-13; 44-7-14; 41-2-5; and 51-1-6 and, as such might be amended; or any other applicable provisions of law.

(g)

Liability. Officers or employees, or member of the In Rem Review Board, charged with the enforcement of this Code, in the discharge of their duties, shall not thereby render themselves liable personally, and are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties. Any suit brought against any officer or employee because of this Code shall be defended by the Department of Law until the final termination of the proceedings.

(Ord. No. 1998-45, § 2, 6-23-98; Ord. No. 2008-65(08-O-1285), § 3, 7-28-08)