Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448
(Code 1981, §12-8-39.3, enacted by Ga. L. 1992, p. 3276, § 17; Ga. L. 1993, p. 399, § 10; Ga. L. 1997, p. 1081, § 3.)
- For note on 1992 enactment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).
- State constitution, statutes, and case law permit a county to enact an ordinance making property owners responsible for the payment of garbage collection fees for the owner's rental property. Board of Comm'rs v. Guthrie, 273 Ga. 1, 537 S.E.2d 329 (2000).
Sanitation assessments were not taxes within the meaning of the Georgia Constitution but rather charges for services rendered by a county, which was authorized to enforce by ordinance the collection of fees for solid waste collection services in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments; the county's solid waste collection fee did not violate Ga. Const. 1983, Art. VII, Sec. I, Para. I. Strykr v. Long County Bd. of Comm'rs, 277 Ga. 624, 593 S.E.2d 348 (2004).
- In choosing the option of contracting with private solid waste collection companies, a county was, through that method, providing solid waste collection services to county property owners within the meaning of O.C.G.A. § 12-8-39.3(a); the fact that the individuals performing that service were not county employees, but employees of private contractors, was of no moment, insofar as it related to a property owner's constitutional challenge to the county's solid waste ordinance. Mesteller v. Gwinnett County, 292 Ga. 675, 740 S.E.2d 605 (2013).
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 2013-03-25
Citation: 292 Ga. 675, 740 S.E.2d 605, 2013 Fulton County D. Rep. 1035, 2013 WL 1338030, 2013 Ga. LEXIS 297
Snippet: Section II, Paragraph III (a) (2).1And, OCGA § 12-8-39.3 (a) allows any county that “provides solid waste
Court: Supreme Court of Georgia | Date Filed: 2004-03-01
Citation: 593 S.E.2d 348, 277 Ga. 624, 2004 Fulton County D. Rep. 761, 2004 Ga. LEXIS 187
Snippet: of state taxes, fees, or assessments." OCGA § 12-8-39.3(a). Accordingly, we find no merit in Strykr's
Court: Supreme Court of Georgia | Date Filed: 2000-10-02
Citation: 537 S.E.2d 329, 273 Ga. 1, 2000 Fulton County D. Rep. 3777, 2000 Ga. LEXIS 675
Snippet: authorized to receive, accept, and use. OCGA § 12-8-39.3 further gives cities, counties, and authorities