O.C.G.A.

O.C.G.A. § 36-74-45 (2019)

Powers of enforcement boards

✓ 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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Each enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case; (2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the

police department of the municipality or by any other individual authorized by Code Section 24-13-24 to serve subpoenas; (3) Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance; (4) Take testimony under oath; and (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.

History

Code 1981, § 36-74-45, enacted by Ga. L. 2003, p. 581, § 2; Ga. L. 2011, p. 99, § 52/HB 24.

Annotations

Editor’s notes. - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply

to any motion made or hearing or trial commenced on or after January 1, 2013. Law reviews. - For article, ‘‘Evidence,’’ see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 1 (2011).