§ 38-68. Abatement by order of magistrate court.

(a)

Authority of court; imposition of lien. The magistrate court shall have jurisdiction to hear and determine questions of the existence of nuisances within the county. The judge of magistrate court shall set the matter for hearing, cause the affected property owners to be served with notice, conduct the public hearing, and may receive such evidence as in his or her discretion establishes the truth of the matter. The judge may recess, continue or adjourn the hearing at his or her pleasure, issue subpoenas for the attendance of witnesses or seek the advice or opinions of experts. If a nuisance is found to exist, the court is authorized to order abatement, under O.C.G.A. § 41-2-5, and to implement the following procedures to deal with nuisances affecting properties within the county:

(1)

The owner of any property which has been declared by the court as a nuisance shall be given a reasonable amount of time to comply with any order to abate the nuisance.

(2)

If the owner of property which has been declared to constitute a nuisance fails to comply with the court's order, the court may authorize the county to take steps specified in a court order to repair, alter, improve, clear or demolish, or otherwise remedy the situation that causes the property to be a nuisance.

(3)

The amount of the cost of the repair, alteration, cleaning, removal or demolition authorized by the court and undertaken by the county shall be a lien against the property upon which such cost was incurred. Such lien shall attach to the real property upon the payment of all costs by the county and the filing of an itemized statement of the total sum of the costs by the county manager in the office of the Clerk of Superior Court on a lien docket maintained by the clerk for such purposes. If a dwelling, building, structure or property is removed or demolished by the county, it shall sell the materials of such dwelling and buildings or structures, and shall credit the proceeds of such sale against the costs.

(b)

Enforcement of lien. The county shall enforce the collection of any amount due on such lien imposed as provided herein 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 county, within 30 days after perfection of the lien, that is, filing on the lien docket, a sum of money equal to 25 percent of the total amount due and by further paying to the county the remaining balance due of such lien, together with interest at a rate of seven percent per annum, in three equal annual payments, each of which shall become due and payable on the anniversary date of the initial payment made as prescribed in this subsection.

(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 county.

(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 (b)(2) of this section, the county may enforce the collection of any amount due on such lien in accordance with O.C.G.A. § 48-5-358 and other applicable statutes relating to tax liens. This procedure shall be subject to the right of redemption by any person having any right, title or interest in or lien upon the property, as provided in O.C.G.A. § 48-4-40 et. seq.

(Ord. of 5-13-2003, § 8)