§ 17-9013. Abatement of nuisances in or around buildings.

(a)

Conditions Constituting Nuisance. Any building, structure, enclosure, place or premises is a nuisance where it is perilous to life or property by reason of its construction, condition, quantity of its contents, or its use, or of the overcrowding at any time by persons therein. Other conditions that constitute a nuisance in occupied structures include, but are not limited to the following:

(1)

Lack of running water, operating sanitary facilities (such as toilets, water closets, urinals, etc.) or safe operating primary heating facilities as defined in Section 21(f) of the Atlanta Housing Code during the four-month period beginning on the first day of November 1 of each year and ending on the last day of February of the next succeeding year;

(2)

Deficiencies in a structure's fire alarm or fire prevention equipment, or conditions in its construction likely to cause fire or the spreading of fire;

(3)

Conditions that would hamper or impede the fire department in combating a fire in or about the building;

(4)

Conditions of the walls, floors or roof such that the building is likely to fall on account thereof, that would endanger the safety of the general public;

(5)

Any dead or diseased tree or part thereof, which by reason of such condition, natural forces may, more readily than if such tree or part thereof were live or not diseased, fell or blow the tree or part thereof onto public ways or public property, or onto private ways or private property (including other trees) off the property of the owner of the tree, and thereby imperil life or property or impede traffic. Upon receiving a written opinion from the city arborist that any tree or part thereof is a nuisance as herein defined, the director, bureau of buildings shall commence abatement proceedings with respect thereto in accordance with subsections (c) and (d) of this section.

(b)

Duty of Director of Bureau of Buildings With Fire Chief To Enforce Section. The director, bureau of buildings, acting in cooperation with the fire chief, is charged with the duty of enforcing this section. All employees of the fire department and the police department shall make a report in writing to the director, bureau of buildings of any buildings or structures which are, may be or are suspected to be a nuisance, perilous to life or property by reason of their construction or for any other reason.

(c)

Procedure for Abatement. Whenever the director, bureau of buildings has information that any building or structure may be in such condition that it is a nuisance, that director shall cause an examination thereof to be made. If, upon such examination, the director, bureau of buildings finds that any building or structure has any or all of the defects hereinafter set out in this subsection, or that any other conditions exist which in the opinion of the director, bureau of buildings shall constitute a nuisance, it shall be the duty of that director to cause the owner of such building or structure, or the person in possession, charge or control thereof, to be summoned to appear before the judge of the municipal court, as provided by Georgia Code section 72-401, to determine whether or not any such condition constitutes a nuisance and should be abated. With respect to such buildings and structures, the conditions above referred to as being set out herein are as follows:

(1)

Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base;

(2)

Those which, exclusive of the foundation, show 33 percent or more of damage or deterioration of the supporting member or members, or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering;

(3)

Those which have improperly distributed loads upon the floors or roofs or are overloaded, or which have insufficient strength to be reasonably safe for the purpose used;

(4)

Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city;

(5)

Those which have become or are so dilapidated, decayed, unsafe or insanitary, or which so utterly fail to provide the amenities essential to decent living that they are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein;

(6)

Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein;

(7)

Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication;

(8)

Those which have parts thereof which are so attached that they may fall and injure members of the public or property;

(9)

Those which because of their condition are unsafe, insanitary or dangerous to the health, morals, safety or general welfare of the people of the city; or

(10)

Those buildings existing in violation of any provision of the building code of the city, or any provision of the fire prevention code or other ordinances of the city.

(d)

Notice to Owner to Remedy Conditions; Failure To Comply. In order to cooperate with and cause the citizens of the city as little trouble, inconvenience and expense as possible, the director, bureau of buildings shall, except in urgent cases, before causing summons to be issued as provided in subsection (c), give written notice to the owner or the person in possession, charge or control of any building or structure which in the opinion of that director, after examination, constitutes a nuisance, stating that in the director's opinion the same does constitute a nuisance, setting out the repairs which in the opinion of the director are necessary to eliminate the objectionable conditions, and requesting that such be made within a reasonable time to be specified in the notice. The notice shall further state that unless those repairs are voluntarily made within the time specified, it will be the duty of the director to cause summons to be issued requiring the party notified to appear in the municipal court to have there determined whether the building or structure involved constitutes a nuisance and should be abated.

(e)

Hearing; Failure To Comply With Order To Abate. If, upon a hearing as provided for before the judge of the municipal court, he shall find that the building or structure, or tree or part of a tree, involved constitutes a nuisance and orders the defendant to abate the same within a specified time, then each ten days that the conditions adjudicated to be a nuisance by the judge are maintained subsequent to the expiration of the time fixed in the judgment of the judge for the same to be abated shall constitute an offense.

(Code 1977, § 17-9013; Ord. No. 2004-67, § 2, 10-8-04)

Code of ordinances reference— Nuisances, § 74-101 et seq.