TITLE 8
BUILDINGS AND HOUSING
Section 2. Standards and Requirements for Construction, Alteration, Etc., of Buildings and Other Structures, 8-2-1 through 8-2-222.
ARTICLE 1
BUILDINGS GENERALLY
8-2-107. Penalties.
-
The installation, alteration, maintenance, and operation of the facilities and equipment regulated by or pursuant to the provisions of this part affect the public interest, and such regulation is necessary for the protection of the public health, safety, and welfare. Therefore, violations of this part or of rules and regulations adopted by or pursuant to this part are a public nuisance, harmful to the public health, safety, and welfare; and, in addition to other remedies provided by law, the actions of the Commissioner, the office, or any local enforcement authority under this part shall be enforceable by injunction properly applied for by the Commissioner or any other enforcement authority in any court of Georgia having jurisdiction over the defendant.
-
-
Any person, firm, partnership, or corporation which violates this part shall be guilty of a misdemeanor. Each day on which a violation occurs shall constitute a separate offense.
-
In addition to the penalty provisions in subsection (a) of this Code section and paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this part and the rules and regulations promulgated under this part. The imposition of a penalty for a violation of this part or the rules and regulations promulgated under this part shall not excuse the violation or permit it to continue.
(Code 1981, §8-2-107, enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 1995, p. 370, § 1; Ga. L. 2012, p. 1144, § 8/SB 446.)
JUDICIAL DECISIONS
Pleadings in civil action.
- Even though it appeared that a homeowner's operation of an elevator in violation of departmental rules and regulations gave rise to a public nuisance under O.C.G.A.
§
8-2-107(a), because the plaintiffs did not inform the homeowner that the plaintiffs were relying on a nuisance theory until the plaintiffs moved for a directed verdict at the close of the evidence, the court did not err in denying the plaintiffs' motion for directed verdict on a ground that the motion was not timely asserted. Childers v. Monson, 241 Ga. App. 70, 524 S.E.2d 326 (1999).
