§ 13-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicable codes mean:

(1)

Any optional housing or abatement standard provided in O.C.G.A. Chapter 2 Title 8, as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property;

(2)

Any fire or life safety code as provided for in O.C.G.A. Chapter 2 of Title 25; and

(3)

Any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in O.C.G.A. Chapter 2 of Title 8, after October 1, 1991, provided by that such building or minimum standard codes for real property improvement shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed, unless otherwise provided by law.

Closing means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry.

Drug crime means an act which is a violation of O.C.G.A. Article 2 Chapter 13 Title 16, known as the "Georgia Controlled Substance Act".

Dwellings, buildings or structures means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in this article, the term "dwellings, buildings or structures" shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage or processing or crops, livestock, poultry, or other farm products.

Owner means the holder of the title in fee simple and every mortgagee of record.

Parties in interest or interested party means:

(1)

Owner;

(2)

Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Board of Georgia;

(3)

Those parties having filed a notice in accordance with O.C.G.A. § 48-3-9;

(4)

Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. "Interested party" shall not include the holder of the benefit or burden of any easement or right-of-way whose interest is properly recorded, which interest shall remain unaffected; and

(5)

Persons in possession of said property and premises.

Premises means vacant or occupied lots or the areas surrounding appurtenance to dwellings, buildings, or structures.

Public authority means the City of Dublin Department of Billing Inspection or any public officer who is in charge of any department or branch of the government of the city, county or state relating to health, fire or building regulations, or to other activities concerning dwellings, buildings, structures or premises in the municipality.

Public officer means the officer or officers who are authorized by O.C.G.A. Chapter 2 of Title 41 and by ordinances adopted by the City of Dublin to exercise the powers prescribed by such ordinances and state law, or any agent of such officer or officers.

Unsafe buildings or premises are those that are not in compliance with applicable codes as defined herein; and include, but are not limited to, the following:

(1)

Those whose interior or exterior bearing walls, or other vertical members list, lean or buckle to such extent as to weaken the structural support of such member or members below the minimum required by the building codes of the city;

(2)

Those which have parts which are so attached they are likely to fall and injure persons or property;

(3)

Those which in whole or in part are so dilapidated, decayed, damaged from any cause or deteriorated in any manner that they are likely to cause injury to persons or property;

(4)

Those which are likely to cause injury to persons or property because they contain weakened, defective or deteriorated footings or foundations, floorings or floor supports, ceilings or ceiling supports or roof or chimney;

(5)

Those which have visible soil erosion adjacent to or under any structural support;

(6)

Those which are likely to cause injury to persons or property in the event of catastrophe, windstorm, fire, earthquake, panic because of inadequate stairways, elevators, escalators, fire escapes or other means of egress as required by the building and safety codes of the city;

(7)

Those which are likely to cause injury to persons or property because they have defective or inadequate plumbing, improper sanitation facilities, insufficient ventilation, or lack of running water, as required by the building codes of the city, or other ordinance of the city;

(8)

Those which constitute fire hazards as defined in the housing code of the city, or other applicable ordinance and which are thereby dangerous to persons or property;

(9)

Those which are vacant, and because of lack of proper maintenance, deterioration or decay, or fire hazards, are otherwise dangerous to human life, safety, health or morals;

(10)

Those where an accumulation of weeds trash junk, filth and other unsanitary or unsafe conditions create a public health hazard or a general health hazard or a general nuisance to those persons residing in the vicinity.

Repair means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure.

Resident means any person residing in the jurisdiction where the property is located on or after the date on which the alleged nuisance arose.

(Ord. No. 03-32, 11-20-2003; Ord. No. 04-14, 8-5-2004)