Whenever a request is filed with the building and code manager 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 building and code manager
shall make an investigation or inspection of the specific dwelling, building, structure,
or property. If the building and code manager's investigation or inspection identifies
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 building and code manager may issue a complaint in rem against
the lot, tract, or parcel of real property on which such dwelling, building, or structure
is situated or where such public health hazard or general nuisance exists and shall
cause summons and copy of the complaint to be served on the owner and parties in interest
in such dwelling, building, or structure. Use of the property in connection with the
commission of drug crimes can be based on personal observation or upon report of a
law enforcement agency and evidence of drug crimes being committed. The complaint
shall identify the subject real property by appropriate street address and official
tax map reference; identify the owner and parties in interest; state with particularity
the factual basis for the action; and contain a statement of the action sought by
the building and code manager to abate the alleged nuisance. The summons shall notify
the owner and parties in interest that a hearing will be held before a court of competent
jurisdiction as determined by O.C.G.A. § 41-2-5, at a date and time certain and at
a place within the county or municipality where the property is located. Such hearing
shall be held not less than 15 days nor more than 45 days after the filing of such
complaint in the proper court. The owner and parties in interest shall have the right
to file an answer to the complaint and to appear in person or by attorney and offer
testimony at the time and place fixed for hearing.
