§ 53. Enforcement.

(a)

Duty to maintain. It is the duty of the owner of every dwelling, building, structure, or property within the city to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the city, 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 us of such codes or ordinances.

(b)

Director's powers of enforcement. The director is designated as the public officer authorized to exercise the powers prescribed by this article. The director is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this Article and of O.C.G.A. § 41-2-7 through O.C.G.A. § 41-2-17, including the following powers in addition to others granted in said sections:

(1)

To investigate the dwelling conditions in the city in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial, industrial, or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes;

(2)

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

(3)

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

(4)

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

(5)

To delegate any of his functions and powers under the Article to such officers and agents as he may designate.

(c)

Investigation. Whenever it appears to the director or whenever a written request is filed with the director by a public authority or by at least five residents of the city 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 director shall make an investigation or inspection of the specific dwelling, building, structure, or property.

(d)

Standards for determining unfitness for habitation. The director may determine, under applicable codes, including, but not limited to, the Atlanta Housing Code, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of the city. Such conditions may include the following (without limiting the generality of the foregoing):

(1)

Defects therein increasing the hazards of fire, accidents, or other calamities;

(2)

Lack of adequate ventilation, light, or sanitary facilities;

(3)

Dilapidation;

(4)

Disrepair;

(5)

Structural defects;

(6)

Uncleanliness; and

(7)

Highly hazardous conditions as specified in section 19 of this appendix.

(e)

Vacant, dilapidated, and drug crimes. The director may determine that a dwelling, building, or structure is vacant, dilapidated, and being used in connection with the commission of drug crimes upon personal observation or report of a law enforcement agency and evidence of drug crimes being committed.

(f)

Prior citation. Notwithstanding any provision of the Atlanta Housing Code to the contrary, the director may, but is not required to, issue citations for violations of this appendix and seek to enforce such citations in the City of Atlanta Municipal Court prior to issuing a complaint in rem as provided in this article.

(Ord. No. 2008-65(08-O-1285), § 1, 7-28-08)