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2018 Georgia Code 41-1-6 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 41-1-6 Case Law from Google Scholar Amendments to OCGA 41-1-6

TITLE 41 NUISANCES

Section 1. General Provisions, 41-1-1 through 41-1-10.

41-1-6. Erection or continuance of nuisance after notice to abate.

Any person who shall erect or continue after notice to abate a nuisance which tends to annoy the community, injure the health of the citizens in general, or corrupt the public morals shall be guilty of a misdemeanor.

(Laws 1833, Cobb's 1851 Digest, p. 817; Code 1863, § 4437; Code 1868, § 4478; Code 1873, § 4562; Code 1882, § 4562; Penal Code 1895, § 641; Penal Code 1910, § 681; Code 1933, § 72-9901.)

Cross references.

- Offenses against public health and morals generally, T. 16, C. 12.

JUDICIAL DECISIONS

City criminal court empowered to abate nuisances.

- Fact that the General Assembly made the continuation of a nuisance after notice to abate a misdemeanor, does not preclude the criminal court of Cordele's power to abate nuisances pursuant to the legislative authorization in O.C.G.A. § 41-2-5, and its power to enforce the court's judgments by contempt pursuant to the legislative authorization in the city charter. Horne v. City of Cordele, 254 Ga. 346, 329 S.E.2d 134 (1985).

Cited in Vason v. City of Augusta, 38 Ga. 542 (1868); City of Atlanta v. Pazol, 95 Ga. App. 598, 98 S.E.2d 216 (1957).

OPINIONS OF THE ATTORNEY GENERAL

Substandard buildings in town or city.

- If substandard buildings in a town or city were alleged to be a nuisance, this may be determined in accordance with former Code 1933, § 72-401 (see now O.C.G.A. § 41-2-5); this determination must be made subject to the due process provisions of the state and federal Constitutions; if a nuisance was found to exist, the court could order the nuisance's abatement; if the property owner failed to abate the nuisance, the owner may be bound over to a court having jurisdiction of misdemeanors; the municipality cannot itself demolish the offending buildings unless the municipality condemns the property and compensates the owner. 1970 Op. Att'y Gen. No. U70-229.

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, Nuisances, §§ 191, 192, 300, 301.

C.J.S.

- 66 C.J.S., Nuisances, §§ 118-120, 200 et seq.

ALR.

- Statutes, ordinances, or regulations relating to private residential swimming pools, 92 A.L.R.2d 1283.

Gasoline or other fuel storage tanks as nuisance, 50 A.L.R.3d 209.

Exhibition of obscene motion pictures as nuisance, 50 A.L.R.3d 969.

Cases Citing O.C.G.A. § 41-1-6

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Horne v. City of Cordele, 329 S.E.2d 134 (Ga. 1985).

Cited 5 times | Published | Supreme Court of Georgia | Apr 30, 1985 | 254 Ga. 346

...ontempt of its order to abate; and that the only recourse was to bind Horne over for prosecution in a court with misdemeanor jurisdiction (superior court), as the offense became one against the state after notice to abate and refusal to comply (OCGA § 41-1-6)....
...481, 484 (2) (249 SE2d 286) (1978). We find no error. 2. The second enumerated error is the holding that the Criminal Court of the City of Cordele can punish for failure to comply with its nuisance-abatement orders by contempt proceedings. The appellant cites us to OCGA § 41-1-6: "Any person who shall erect or continue after notice to abate a nuisance which tends to annoy the community, injure the health of the citizens in general, or corrupt the public morals shall be guilty of a misdemeanor." He then quotes from Healey v....
...have the power to fine or imprison in such proceedings; and that the only power the court had after the failure of the defendant to abate after notice, was to bind the defendant over to a state court under the authority of Code § 72-9901 (now OCGA § 41-1-6)....
...(5) In Healey, the court was not dealing with a contempt action for failure to follow an order of the recorder's court, with clear charter authority of the municipality to punish for contempt. The fact that the General Assembly made the continuation of a nuisance after notice to abate, a misdemeanor (OCGA § 41-1-6), does not preclude the Criminal Court of Cordele's power to abate nuisances pursuant to the legislative authorization in OCGA § 41-2-5, and its power to enforce its judgments by contempt pursuant to the legislative authorization in the city charter....