O.C.G.A.
O.C.G.A.

O.C.G.A. § 12-8-1 (2019)

Notice of denial of individual sewage disposal permits; duty to consider denial in ad valorem tax determinations

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this Code section, the term ‘‘individual sewage disposal system’’ means a sewage disposal system, other than a public or community sewage disposal system, serving a single building, residence, or other facility designed or used for human occupancy or congregation and shall include septic tank systems and pit privies.

(b) In any case in which an application for an individual sewage disposal system permit is denied, it shall be the duty of the Department of Public Health or the county board of health denying such permit to notify the applicant, in writing, of such denial. Such notices shall be mailed by first-class mail within 15 days of the date on which the application is denied. The notice shall contain the name and address of the applicant, a description of the property involved, the reasons for denial of the permit, and notification that the applicant should contact the county board of tax assessors for ad valorem tax purposes. It shall be the duty of the county board of tax assessors and the county tax appraisal staff of the county in which the property is located to consider the denial of an individual sewage disposal system permit and the reasons for such denial in determining the fair market value of such property for ad valorem tax purposes.

History

Code 1933, § 88-310, enacted by Ga. L. 1978, p. 1663, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.

Annotations

Cross references. - County ad va-

lorem taxation generally, § 48-5-220 et seq.

Law reviews. - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

RESEARCH REFERENCES C.J.S. - 39A C.J.S., Health and Environment, § 76. ALR. - Injunction to prevent estab-

lishment or maintenance of garbage or sewage disposal plant, 47 A.L.R. 1154.

Notes of Decisions
Cited in 2 cases, 1985–1995 · leading case: Grove v. Sugar Hill Inv. Assocs., Inc., 466 S.E.2d 901 (Ga. Ct. App. 1995).
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Grove v. Sugar Hill Inv. Assocs., Inc., 466 S.E.2d 901 (Ga. Ct. App. 1995). · cites it 2× “The Solid Waste Management Act, OCGA § 12-8-1 et seq., requires municipalities to publish a notice in a newspaper of general circulation at least once a week for two weeks before “taking action resulting in a publicly or privately owned municipal solid waste disposal facility…”
Dinsmore v. Cherokee Cnty., 338 S.E.2d 523 (Ga. Ct. App. 1985). · cites it 2× “The appellants especially rely upon OCGA § 12-8-26, which provides that “[i]t shall be unlawful for any person to engage in solid waste handling in a manner which will likely create a nuisance; be conducive to insect and rodent infestation or the harboring and feeding of wild…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.