§ 5-26. Condemnation procedures; lien.

(a)

Whenever a request is filed with the public officer by a public authority or by at least five (5) residents of the city charging that any dwelling, building or structure is unfit for human habitation or for commercial, industrial, business or other use or whenever it appears to the public officer (on his own motion) that any dwelling, building or structure is unfit for human habitation or is unfit for its current commercial, industrial, business or other use, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and any parties in interest in such dwelling, building or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer at a place within the county in which the property is located therein, fixed not less than ten (10) days nor more than forty-five (45) days after the serving of such complaint; that the owner and any parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.

(b)

If, after such notice and hearing, the public officer determines that the dwelling, building or structure under consideration is unfit for human habitation or is unfit for its current commercial, industrial, business or other use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:

(1)

If the repair, alteration or improvement of the dwelling, building or structure can be made at a reasonable cost in relation to the value of the dwelling, building or structure, requiring the owner or parties in interest, within the time specified in the order, to repair, alter or improve such dwelling, building, or structure so as to render it fit for human habitation or for current commercial, industrial, business or other use or to vacate and close the dwelling, building or structure as a human habitation; or

(2)

If the repair, alteration or improvement of the dwelling, building or structure cannot be made at a reasonable cost in relation to the value of the dwelling, building or structure, requiring the owner or parties in interest, within the time specified in the order, to remove or demolish such dwelling, building or structure.

In no event shall the city commission require removal or demolition of any dwelling, building or structure except upon a finding that the cost of repair, alteration or improvement thereof exceeds one-half the value of such dwelling, building or structure will have when repaired to satisfy the minimum requirements of this law.

(c)

If the owner or parties in interest fail to comply with an order to vacate and close or demolish the dwelling, building or structure, the public officer may cause such dwelling, building or structure to be repaired, altered or improved or to be vacated and closed or demolished; and that the public officer may cause to be posted on the main entrance of any building, dwelling, or structure so closed a placard with the following words:

``This building is unfit for human habitation or commercial, industrial, business or other use; the use or occupation of this building for human habitation or for commercial, industrial, business or other use is prohibited and unlawful.''

(d)

If the owner fails to comply with any order to remove or demolish the dwelling, building or structure, the public officer may cause such dwelling, building or structure to be removed or demolished; provided, however, that the duties of the public officer, set forth in subsection (c) of this section and this subsection, shall not be exercised until the city commission shall have by ordinance ordered the public officer to proceed to effectuate the purpose of O.C.G.A. §§ 41-2-7 through 41-2-17 with respect to the particular property or properties which the public officer shall have found to be unfit for human habitation or unfit for its current commercial, industrial, business or other use, which property or properties shall be described in the ordinance.

(e)

The amount of the cost of such vacating and closing or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred. Such lien shall attach to the real property upon the payment of all costs of demolition by the city and the filing of an itemized statement of the total sum of such costs by the public officer in the office of the clerk of the city commission on a lien docket maintained by the clerk for such purposes. If the dwelling, building or structure is removed or demolished by the public officer he shall sell the materials of such dwellings, buildings or structure, and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court. Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(f)

The city may enforce the collection of any amount due on such lien for removal or demolition of dwellings, buildings or structures only in the following manner:

(1)

The owner or parties at interest shall be allowed to satisfy the amount due on such lien by paying to the city, within thirty (30) days after the perfection of such lien, a sum of money equal to twenty-five (25) percent of the total amount due and by further paying to the city the remaining balance due on such lien, together with interest at the rate of seven (7) percent per annum, in three (3) equal annual payments, each of which shall become due and payable on the anniversary date of the initial payment made as hereinabove prescribed.

(2)

Should the property upon which such lien is perfected be sold, transferred or conveyed by the owner or parties at interest at any time prior to the termination of the three-year period, then the entire balance due on such lien shall be due and payable to the city.

(3)

Should the amount due on such lien, or any portion thereof, be unpaid after the passage of the three-year period, or upon the occurrence of the contingency provided for in subsection (2) above, the city may enforce the collection of any amount due on such lien for alteration, repair, removal or demolition of dwellings, buildings, or structures in the same manner as provided in O.C.G.A. § 48-5-358 and other applicable state statutes. This procedure shall be subject to the right of redemption by any person having any right, title or interest in or lien upon such property.

(Ord. No. 0-86-34, § 5, 11-4-86; Ord. No. 0-94-4, § 1A, 5-17-94)