Georgia Code
Article 1 - General Provisions
§ 2-7-16. Notice of Declaration of Nuisance; Prescription of Treatment; Right of Appeal

Whenever inspection discloses that any places, plants or plant products, or other things or substances are infested or infected with any dangerous plant pest which has been declared a public nuisance under this article, the Commissioner or the Commissioner’s agents or employees shall give written notice to the owner or other person in possession or control of the place where such things are found, in person or by registered or certified mail or statutory overnight delivery. Such owner or other person shall proceed to control, eradicate, or prevent the dissemination of such plant pest and to remove, cut, or destroy infested or infected plants and plant products or other things or substances within the time and in the manner prescribed by the notice or the rules and regulations made pursuant to this article or to take an appeal as provided in Code Section 2-7-24.
History. Ga. L. 1898, p. 94, § 5; Civil Code 1910, § 2124; Code 1933, § 5-707; Ga. L. 1937, p. 659, § 7; Ga. L. 1996, p. 329, § 12; Ga. L. 2000, p. 1589, § 3.
Editor’s notes.
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

Structure Georgia Code

Georgia Code

Title 2 - Agriculture

Chapter 7 - Plant Disease, Pest Control, and Pesticides

Article 1 - General Provisions

§ 2-7-1. Short Title

§ 2-7-2. Definitions

§ 2-7-3. Division of Entomology Established

§ 2-7-4. Commissioner of Agriculture as Ex Officio State Entomologist; Designation of Chief Entomologist Authorized

§ 2-7-5. Duty of Commissioner Generally

§ 2-7-6. Publication of Information and Advice

§ 2-7-7. Cooperative Agreements

§ 2-7-8. Purchases and Expenditures

§ 2-7-9. Investigations Authorized; Employment of Experts; Rental, Lease, or Purchase of Land

§ 2-7-10. Inspection of Plants and Other Things Capable of Disseminating or Carrying Plant Pests

§ 2-7-11. Nursery Inspections; Rules Governing Nursery Stock and Plants in Transit

§ 2-7-12. Treatment, Cutting, or Destruction of Infested Trees, Plants, or Other Things or Substances

§ 2-7-13. Interception and Inspection of Plants, Plant Products, or Other Things or Substances in Transit; Disposition

§ 2-7-14. Demand for Information; Penalty

§ 2-7-15. Declaration of Public Nuisance Authorized

§ 2-7-16. Notice of Declaration of Nuisance; Prescription of Treatment; Right of Appeal

§ 2-7-17. Treatment of Nuisance by Department Where Owner Fails to Act; Lien for Expenses; Compensation Not Allowed

§ 2-7-18. Judicial Proceeding Where Owner Refuses to Act or to Permit Commissioner to Act; Expenses and Court Costs

§ 2-7-19. Investigation on Citizens’ Complaint; Notice to Owner; Treatment or Destruction of Affected Plants or Other Things or Substances; Costs

§ 2-7-20. Declaration of Quarantine; Violation Unlawful

§ 2-7-21. Registration of Certain Growers

§ 2-7-22. Assessment of Costs

§ 2-7-23. Promulgation of Rules and Regulations; Publication Thereof

§ 2-7-24. Administrative Review of Rules and Notices

§ 2-7-25. Required Compliance With Article and Rules

§ 2-7-26. Importation of Injurious Insect or Plant Disease Without Permit Prohibited

§ 2-7-27. Report of Violations; Investigation and Disposition

§ 2-7-28. Act of Agent Imputed to Principal

§ 2-7-29. Enforcement of Article Generally; Criminal Proceedings; Subpoena Powers

§ 2-7-30. Injunctions; Violations Declared Public Nuisances

§ 2-7-31. Penalty