§ 3-17-52. Definitions.

[As used in this article, the following words and phrases shall have the meaning ascribed thereto:]

Applicable codes means (a) any optional housing or abatement standard provided in chapter 2 of title 8 of the O.C.G.A. as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (b) any fire or life safety code as provided for in chapter 2 of title 25 of the O.C.G.A.; and (c) any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in O.C.G.A. chapter 2 of title 8 after October 1, 1991, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law.

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

Drug crime means an act which is a violation of O.C.G.A. article 2 of chapter 13 of title 16, known as the Georgia Controlled Substances 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 building or structure of any design. The term "dwellings, buildings, or structures" shall not mean or include any farm, any building or structure located on a farm or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Governing authority means the Board of Commissioners of Henry County, Georgia.

Municipality means any incorporated city within this state.

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

Parties in interest means:

a.

Persons in possession of said property and premises;

b.

Persons having of record in the county in which the dwelling, building, or structure is located any vested right, title, or interest in or lien upon such dwelling, building, or structure or the lot, tract, or parcel of real property upon which the structure is situated or upon which the public health hazard or general nuisance exists based upon a fifty-year title examination conducted in accordance with the title standards of the State Bar of Georgia;

c.

Persons having paid an occupational tax to the governing authority for a location or office at the subject building or structure; or

d.

Persons having filed a property tax return with the governing authority as to the subject property, building, or structure.

Public authority means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings; or structures in the county or municipality.

Public officer means the officer or officers who are authorized by O.C.G.A. § 41-2-7, § 41-2-8 and §§ 41-2-9 through 41-2-17 and by this article adopted under § 41-2-7, § 41-2-8, and §§ 41-2-9 through 41-2-17 to exercise the powers prescribed by this article or any agent of such officer or officers.

Repair means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the 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 jurisdiction where the property is located on or after the date on which the alleged nuisance arose.

(Ord. No. 02-11, § 1, 7-15-2002)