§ 10-262. Definitions.  


Latest version.
  • The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Applicable codes means any optional housing or abatement standards provided in O.C.G.A. ch. 2, tit. 8, as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; any fire or life safety code as provided in O.C.G.A. ch. 2, tit. 25; and any building codes adopted by local ordinance, or the minimum standard codes provided in O.C.G.A. ch. 2, tit. 8 provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building codes or minimum standard codes in existence at the time such real property improvements were constructed, unless otherwise provided by law.

    City means City of Cornelia, Georgia.

    City commission means City of Cornelia City Commission.

    Closing means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry.

    County means Habersham County, Georgia.

    Drug crime means an act which is a violation of O.C.G.A. § 16-13-2 et seq., known as the "Georgia Controlled Substance Act".

    Dwellings, buildings or structures means any building or structure or part thereof used and occupied for human habitation or commercial, industrial or business uses, or intended to be so used, and includes any outhouses, improvements and appurtenances belonging thereto or usually enjoyed therewith and also includes any buildings or structures of any design.

    Governing authority means the city commission of the City of Cornelia, Georgia.

    Interested party means the owner; persons in possession of said property and premises; those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the state bar; those parties having filed a notice in accordance with O.C.G.A. § 48-3-9; and any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the city or records maintained in the county courthouse or by the clerk of court; provided, however, "interested party" shall not include the holder of the benefit or burden of any easement or right-of-way whose interest is properly recorded which shall remain unaffected.

    Owner means the holder of the title in fee simple and every mortgage of record.

    Public authority means any member of the governing authority, any officer who is in charge of any department of government relating to health, fire, life safety, building regulations, or to other activities concerning dwellings, buildings, or structures, or use of private property within the city.

    Public official means the city manager, his/her designees, law enforcement officers, fire safety officers, and code enforcement officers, along with any officer or employee of the city to whom the city manager delegates the authority to exercise the powers prescribed by this article.

    Repair means altering or improving a dwelling, building or structure as as to bring the structure into compliance with the applicable codes and cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building or structure.

    Resident means any person residing in the city on or after the alleged nuisance arose.

(Ord. No. 11-16-02, § 208, 12-6-2016)