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2018 Georgia Code 41-2-10 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 41-2-10 Case Law from Google Scholar Amendments to OCGA 41-2-10

TITLE 41 NUISANCES

Section 2. Abatement of Nuisances Generally, 41-2-1 through 41-2-17.

41-2-10. Determination by public officer that dwelling, building, or structure is unfit or vacant, dilapidated, and being used in connection with the commission of drug crimes.

  1. An ordinance adopted by a county or municipality under Code Sections 41-2-7 through 41-2-9, this Code section, and Code Sections 41-2-11 through 41-2-17 shall provide that the public officer may determine, under existing ordinances, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of such county or municipality. Such conditions may include the following (without limiting the generality of the foregoing):
    1. Defects therein increasing the hazards of fire, accidents, or other calamities;
    2. Lack of adequate ventilation, light, or sanitary facilities;
    3. Dilapidation;
    4. Disrepair;
    5. Structural defects; and
    6. Uncleanliness.

      Such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a dwelling, building, or structure for human habitation or for its current commercial, industrial, or business use.

  2. An ordinance adopted by a county or municipality under Code Sections 41-2-7 through 41-2-9, this Code section, and Code Sections 41-2-11 through 41-2-17 shall provide that the public officer may determine, under existing ordinances, that a dwelling, building, or structure is vacant, dilapidated, and being used in connection with the commission of drug crimes upon personal observation or report of a law enforcement agency and evidence of drug crimes being committed.

(Code 1981, §41-2-10, enacted by Ga. L. 1982, p. 2107, § 45; Ga. L. 1988, p. 1419, § 2; Ga. L. 1989, p. 1161, § 4; Ga. L. 1991, p. 94, § 41.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, "municipality. Such" was substituted for "municipality; such" in the introductory paragraph of the Code section.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 284 (1989).

Cases Citing Georgia Code 41-2-10 From Courtlistener.com

Total Results: 2

Thomas v. State

Court: Supreme Court of Georgia | Date Filed: 2015-10-05

Citation: 297 Ga. 750, 778 S.E.2d 168, 2015 Ga. LEXIS 673

Snippet: ed. 2007, updated Jan. 2010) §§ 2.10.40, 2.10.41, 2.10.42. The substance of both requested instructions

Reese v. State

Court: Supreme Court of Georgia | Date Filed: 2011-06-27

Citation: 711 S.E.2d 717, 289 Ga. 446, 2011 Fulton County D. Rep. 1942, 2011 Ga. LEXIS 506

Snippet: II: Criminal Cases (4th ed.), §§ 2.10.40, 2.10.41, 2.10.42. [3] A charge on the defendant's sole defense