Bill Text: GA HB93 | 2011-2012 | Regular Session | Introduced

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Bill Title: Code enforcement boards; code enforcement officers; change definition

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Passed) 2012-07-01 - Effective Date [HB93 Detail]

Download: Georgia-2011-HB93-Introduced.html

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12 LC 29 4592S/AP

House Bill 93 (AS PASSED HOUSE AND SENATE)

By: Representatives Taylor of the 79th, Jacobs of the 80th, Parent of the 81st, Huckaby of the 113th, Lindsey of the 54th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to local government code enforcement boards created on or after January 1, 2003, so as to change a definition for purposes of said article; to change certain references to "code inspectors" to "code enforcement officers" in said article; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to local government code enforcement boards created on or after January 1, 2003, is amended by revising paragraph (1) of Code Section 36-74-21, relating to definitions relative to said article, as follows:

"(1) 'Code inspector enforcement officer' means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance person contracted with or employed by a county or municipality who has enforcement authority for health, safety, or welfare requirements and is authorized to issue citations or file formal complaints regarding the same."

SECTION 2.

Said article is further amended by revising Code Section 36-74-23, relating to initiating proceedings, time to correct violations, repeat violations, and hearings, as follows:

"36-74-23.

(a) It shall be the duty of the code inspector enforcement officer to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings.

(b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector enforcement officer shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector enforcement officer shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector enforcement officer proceeds through a code enforcement board, the code inspector enforcement officer shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-29 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-29. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector enforcement officer, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.

(c) If a repeat violation is found, the code inspector enforcement officer shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector enforcement officer, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-29. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state.

(d) If the code inspector enforcement officer has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector enforcement officer shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing."

SECTION 3.

Said article is further amended by revising subsections (a) through (c) of Code Section 36-74-24, relating to calling of hearings and hearing proceedings, as follows:

"(a) Upon request of the code inspector enforcement officer, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties.

(b) Each case before an enforcement board shall be presented by the local governing body attorney or by a code inspector enforcement officer or other member of the administrative staff of the local governing body.

(c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector enforcement officer and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings."

SECTION 4.

Said article is further amended by revising subsection (a) of Code Section 36-74-26, relating to administrative fines and public records, as follows:

"(a) An enforcement board, upon notification by the code inspector enforcement officer that an order of the enforcement board has not been complied with by the set time may order the violator to pay an administrative fine in an amount specified in this Code section."

SECTION 5.

Said article is further amended by revising subsection (a) of Code Section 36-74-29, relating to notice required and form of notice, as follows:

"(a) All notices required by this article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector enforcement officer, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice."

SECTION 6.

Said article is further amended by revising subsection (a) of Code Section 36-74-30, relating to other enforcement methods and probable cause for investigation required, as follows:

"(a) It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code inspector enforcement officer from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations."

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.