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

O.C.G.A. § 36-74-23 (2019)

Initiating of proceedings; time to correct violations; repeat violations; hearings

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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) It shall be the duty of the code enforcement officer to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings.

(b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code enforcement officer shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officer shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code enforcement officer proceeds through a code enforcement board, the code enforcement officer shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-29 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-29. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code enforcement officer, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.

(c) If a repeat violation is found, the code enforcement officer shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code enforcement officer, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section

Notes of Decisions
Cited in 2 cases, 2004–2016 · leading case: Lewis v. City of Savannah, 784 S.E.2d 1 (Ga. Ct. App. 2016).
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Lewis v. City of Savannah, 784 S.E.2d 1 (Ga. Ct. App. 2016). · cites it 10× “According to Lewis, the City’s failure to provide him with a reasonable opportunity to correct the deficiencies violated OCGA § 36-74-23 (b), and there was no evidentiary basis for the superior court or recorder’s court to find that he had committed “repeat violations,” an…”
Crown Media, LLC v. Gwinnett Cnty., GA, 380 F.3d 1317 (11th Cir. 2004). “2d at 575 ; 21 see O.C.G.A. § 36-74-23(b) (“[I]f a violation of any code or ordinance is found, the code inspector shall .”
— 36-74-23(b) — 1 case
Crown Media, LLC v. Gwinnett Cnty., GA, 380 F.3d 1317 (11th Cir. 2004). “2d at 575 ; 21 see O.C.G.A. § 36-74-23(b) (“[I]f a violation of any code or ordinance is found, the code inspector shall .”
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.