O.C.G.A.

O.C.G.A. § 41-1-6 (2019)

Erection or continuance of nuisance after notice to abate

✓ 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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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.

History

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.

Annotations

Cross references. Offenses against public health and morals generally, § 16-12-1 et seq.

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 autho-

rization 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 Ga. LEXIS 685 (1985).

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 Consti-

tutions; 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, §§ 170, et seq.,273, et seq. C.J.S. 66 C.J.S., Nuisances, §§ 111-et seq., 193. ALR. Statutes, ordinances, or regulations re-

lating 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.

Notes of Decisions

Cited in 3 cases, 1985–2015 · leading case: Horne v. City of Cordele, 329 S.E.2d 134 (Ga. 1985).

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Horne v. City of Cordele, 329 S.E.2d 134 (Ga. 1985). · cites it 8× “ement procedures under which the city was proceeding; that the Criminal Court of the City of Cordele did not have power to punish for contempt of its order to abate; and that the only recourse was to bind Horne over for prosecution in a court with misdemeanor jurisdiction…”

Goldstein, Garber & Salama, LLC v. J. B., 779 S.E.2d 484 (Ga. Ct. App. 2015). · cites it 2× “In addition to arguing that proximate cause did not exist as a matter of law, GGS also argues that the trial court should not have permitted J. B.’s negligence per se claim to go to the jury because OCGA § 43-11-21.”

Goldstein, Garber & Salama, LLC v. J. B. (Ga. Ct. App. 2015). · cites it 2× “In addition to arguing that proximate cause did not exist as a matter of law, GGS also argues that the trial court should not have permitted J. B.’s negligence per se claim to go to the jury because OCGA § 43-11-21.”

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.