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AN ORDINANCE
THE BULLDING COMMITTE
TQ AMEND THE ATLANTA HOUSING CODE SO AS
TO PROVIDE "IN REM PROCEEDINGS AGAINST
DWELLINGS, BUILDINGS OR STRUCTURES UNFIT
FOR HUMAN HABITATION OR OCCUPANCY.
WHEREAS, the is found to exist dwellings and,other build-
ings and structures in the City of Atlanta which are unfit for human
habitation or use due to dilapidation and defects increasing the
hazards of fire; accident or other calamities; or due to other con-
dition ¥ such struccures unsafe; and
wellings, buildings or structures in such con-
the weifare, and are dangerous and injurious
1, safety and morais of the people of this Cit and
WHEREAS, a public necessity exists for the vacating, closing
and removal or demolition of such dwellings, buildings or structures.
NOW, THEREYORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF
ALDERMEN OF THI yY OF ATLANTA that Chapter 15 of the Code of
tlanta encitled The Atlanta Housing Code
(formerly known as Housing Code and Sium Clearance) be and is hereby
amended by adding thereto Article III to be entitled " ‘In Rem' Pro-
ceedings against Dwellings, Buildings and Structures unfit for Human
Habitation or Occupancy" as follows:
ection 1. The following terms whenever used or ceferred to
in this Ordinance shall have the following respective meanings, un-
less a different meaning clearly appears from the context;
a. "Dwellings, buildings or structures" shall mean any
building or structure or part thereof, used and occupied for human
habitation or intended to be so used, enc includes any outhouses and
appurtenances belonging thereto or usually enjoyed therewith, and
also includes commercial, industrial or business buildings located
dential areas which
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in or situated immediately contiguous to res
detrimentally aifect environmental. conditions therein.
b. “Owner™ shall mean the holder of the title in fee
simple and every mortgagee of record.
ec. ‘Parties in interest" shall mean persons in possess-
ion of said property, ail individuals, associates and corporations who
have interest of record in a aqwelling, building or structure, in-
cluding executors, administrators, guardians and trustees.
d. “Public authority" shall mean any housing authority
or any o¢ficer wao is in charge of any department or branch of the
government of the City of Atlanta, Fulton County or the State of
Georgia relating to health, fire, building regulations or to other
activities concerning dwellings, buildings or structures in the
City of Atlanta.
e. "Enforcement officer" shall mean the building official
of Atlanta or nis duly authorized agents.
shall mean City of Atlanta, Georgia.
Section 2. The primary responsibility and authority for the
enforcement of the provisions prescribed by this Ordinance and con-
tained herein shall be vested in the building official of the City or
his duly authorized representatives.
Section 3. The enforcement officer is hereby authorized:
a. To investigate and determine which dwellings, build-
ings or structures in the City is unfit for human habitation or
b. To enter upon premises for che purpose of making in-
spections. Provided, however, that such entry shall be made in such
a manner as to cause the least possible inconvenience to the persons
in possession;
c. To appoint and fix the duties of such officers,
agents and employees as he deems necessary to carry out the purposes
d. To delegate any of his functions and power under
this Ordinance to such officers and agents as he may designate; and
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, e. To administer oaths, aiiirmat-ons, examine witnesses
and receive evidence.
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Section 4. <Any dwelling, building or structure which may
have any one or more of the defects set forth in Chapter 15, Article:
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Section 15-21(b), sub-paragraph (1)-(6) of the Code of Ordinances
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of the City shall be deemed unfit for human habitation or occupancy.
Section 5. Whenever: a recuest is filed with the enforcement
five residents of the
City charging that any cwelling, suilding. or structure is unfit for
human habitation or occupancy or whenever it appears to the enforce-
ment officer on his own motion that any dwelling, building or structure
is unfit for human habitation or occupancy, the enforcement officer
shail, if iis preliminary investigation discloses a basis for such
charges, issue and cause to be served upon the owner of and/or parties
in interest in such dwelling
g, building or structure, a notice stating
a. A hearing will be held before the entoeeenant
oificer, ox his designaced agent, at a place within the City on a day
and time certain which shall be not less than ten days nor more than
thirty days after the serving of said notice.
b. That the owner and/or parties in interest shall be
given the right to file an answer to the notice and to appear in
and give testimony at the place and time fixed
rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the en-
forcement officer.
officer, or his duly authorized agent, shall
mdintain a file on each property against which such notice
ceep and enter minutes of the proceedings of each case.
aft=r suco notice and hearings,
ment offi 2cermines that the dwelling, building or structure
under nsicGeration niit. fcr human habitation or o¢cupancy, he
shall state i ci finding: fact in support of such deter-
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said dwelling, building or structure, which
is £ound to be unfit for human nabitation or occupancy, can be re-
paired, improved alti t a cost not in excess of 50% of the value
of the dwelling,
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the improvements
action deemed necessary to render
id dweliing, building or structure fit for human habitation or
ecupancy and to comply with the minimum standards set forth in The
Atlanta Housing Code; and
(3) <A time not less than thirty days nor more than
ninety days in which the required remedial action must be undertaken
and completed; and
(4) Unless the required action is taken within the
time specified, then and thereafter the owner and/or parties in interest
shall ,roceed to clean the premises, vacate and close the dwelling,
building or structure and maintain the same in such condition until
b. (1) That said dwelling, building ot structure which
is founc to be unfit for human habitation or occupancy cannot be re-
paired, improved or altered at a cost of 50% or more of the value
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or the dweliing, building or structure, exclusive of foundations, after
the improvements heve been made; and
(2) That the owner and/or parties in interest shall
.vacate and ~vemove or demolish such dwelling, building or structure
and clean the premises within a period of ninety days from the date of
rties in interest fail to
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Section 7. If the ownér and/or pz
and close the dwelling, building or
comply with an. order to vacat Ings
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remises, the enforcement officer may cause
ing, building or structure to be cleaned, vacated and closed.
The eniorcemenc officer may, cause to be postec on the main entrance of
any Gweliing, building or structure so closed, a placard with the
' following words:
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untit for human habitation or
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commercial, industrial or business use; the use
ox occupation of this building for human habitation
or for commercial, industrial or business use is
prohibited and unlawful."
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Section 8. uld the owner and/or parties in interes
to comply with any order to remove or demolish the dwelling, building
or structure, the enforcement officer may cause such dwelling, build-
ing ox structure to be removed or demolished. Provided, however,
that. the duties of
the enforcement officer, set forth in Sections 7
and & herein, shall not be exercised until the Board of Aldermen of
the City shall have, by Ordinance, ordered the enforcement officer to
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ifectuate the purpose of this Ordinance with respect to
the particular property or propertics which the enforcemént officer
shall have found to be unfit for human habitation or occupancy, and
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which property or properties shall be described in the Ordinance.
Section 9. The amount of the cost of such vacating and closing
or removal or demolition. by the enforcement officer sheil be a Lien
againse the real property upon which such cost was incurred. Said
lien shall attach to the real property upon the payment of all costs
of vacating, closing or demolition or removal by the City and the
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temized statement of the total sum of said cost by the
enforcement officer in the Office of the Clerk of the Toard of
Aldermen of the City on a lien docket maintained by said Clerk for
such purposes. If the dwelling, building or structure is removed or
demolished by the Gity, the materials of such dwellings, buildings or
struct.res shail be sold, if possible, and the proceeds of such sale
shall be credited against the cost of the removal or de.uolition and
any balance remaining shall be deposited in the Superior Court of
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Fulton County oy the enforcement officer, snall be secured in such
manner as may be directed by such Court, and shall be disbursed by
such Court to the persons found to be entitled thereto by final order
Section 10. The Municipal Revenue Collector and ex-officio
marshal of the City shall enforce the collection of any amount due
on such lien for removal or demolition of dwellings, buildings or
structures in the following manner:
a. The owner and/or parties in interest shall be allowed
to satisfy the amount due on such lien by paying to the Municipal
Revenue Collector and ex-oflicio marshal of the City, within thirt
days after the perfection of such lien, a sum of money equal so 25%
of the total amount due and by further paying to said Municipal Revenue
Collector and ex-officio marshal of the City the remaining balance
due on such lien, together with interest at the rate of 7% per annum,
wn three equal annual payments, each of which shall become due and
payable on the anniversary date of the initial payment made as here-
above prescribed;
b. Shouid the property, upon which such lien is perfected,
be sold, transferred or conveyed by the owner and/or parties in interest
at any time prior to the termination of the said three year period,
then the entire b.lance due on such lien shall be due and payable. to
the Municipai Revenue Collector and ex-officio marshal of the City; and
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ec. Should the amount due on such lien, or any portion
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thereo., be umpaid after the passage of said three year period, or
pon the occurence of the contingency provided for in paragraph b
hereinabove, the Municipal Revenue Collector and ex-oflicio marshal
of the City may enforce the - collection of any amount due on such lien
for removal or demolition of dwellings, buildings or structures in
the same manner as provided in Georgia Laws 1884-85, page 148 (Ga.
Code 92-4201, and other applicable statutes, all of which shall be
subject to che right of redemption by any person having any rignt,
title or interest in or Lien upon said property, all as provided by
Georgia Laws 1935, page 466 (Ga. Code 92-4402) and Georgia Laws 1937,
page 491, 492 (Ga. Code 92-3301 et seq).
Section 11. Notices or orders issued by the enforcement
officer pursuant to this Ordinance shall, in all cases, be served upon
persons in possession of said property, owners and parties in interest,
and the return of service, signed by the enforcement officer or his
agent, or an affidavit of service executed by any citizen of this State,
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reciting that a copy of such notices or orders was served upon
sons in possession of said property, owners and parties in interest
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personally, or by leaving such copy at the place of his residence,
shall be sufficient evidence as to the service of such person in
owners and parties in interest.
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b. If any of the owners and parties in interest shall
seorgia, service shall
such notices or orders to be served
sheriff or any lawful deputy of the
such party or parties, or such sevice may
the return of service by such sheriff or
idavit of such citiz that such party or
eicher personally or by leaving a copy of the
the residence, shall be conclusive as to such
Nonresidents o
A copy of such notices or orders shail be
uous place on premises affected by the notices or
ch notices or orders shall. also be filed cn the
fficee of the Clerk of
address of such nonresidents is known, a
them by registered
In the event either the owner or any parties in in-
inors or insane person or persons laboring under dis-
the guardian or other personal representative of such
persons shall be served and if such guardian or personal. representative
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reside outside the City or is a nonresident of the State of Georgia,
he shall be served as hereinbefore provided in such cases. If stich
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minor ur insane person or persons laboring under disabilities has no
guardian or personal representative, service shall be perfected by
serving such minor or insane person personally, or by leaving a copy
of said notices or orders at the place of his residence, which shall
be sufficient evidence as to the service of such person or persons
or in the event such minor or insane person lives out of the City or
is a nonresicent of the State of Georgia, by serving such minor or
insane person by the method herein provided in the case of other
persons who live out of the City, or are nonresidents of the State
stand in the place of and protect the rights of such minor or insane
person or appoint a guardian ad litem for such persons.
e. in the event the whereabouts of any owner or parties
in interest is unknown and the same cannot be ascertained by the en-
forcement officer in the exercise of reasonable diligence, the enforce-
ment officer shall make an affidavit to that effect, then the service
in the same
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manner as provided in subparagraph c above or service may be perfected
upon any person, firm or corporation holding itself out as an agent
for the parccy involved.
Seccion 12. Nothing in this Ordinance shail be construed
preventing the owners or owners of any property from receiving just
compensation for the caking of such property by the power of eminent
domain under the laws of Georgia, nor as permitting any property to be
condemned or destroyed except in accordance with the police power of
the State.
Section 13. The provisions of this Ordinance are hereby
declared to be severable, and should any provisions hereof be declared
unconstitutional, the remaining Sections shall remain ihn full force
and effect.
4. All .aws and parts of Laws in conflict herewith