If the existence of a nuisance is complained of in a county or city of this state, the municipal court of the city, if the nuisance complained of is in the city, shall have jurisdiction to hear and determine the question of the existence of such nuisance and, if found to exist, to order its abatement. If the nuisance complained of is located in the unincorporated area of a county, the magistrate court of the county, unless otherwise provided by local law, shall have such jurisdiction and power to order its abatement.
History. Laws 1833, Cobb’s 1851 Digest, p. 817; Code 1863, § 3996; Code 1868, § 4024; Code 1873, § 4095; Code 1882, § 4095; Ga. L. 1892, p. 64, § 1; Civil Code 1895, § 4762; Civil Code 1910, § 5331; Code 1933, § 72-401; Ga. L. 1981, p. 1739, § 1; Ga. L. 1987, p. 3, § 41; Ga. L. 1988, p. 1419, § 1.
Cross references.
Content of municipal or county ordinances relating to repair, closing, or demolition of dwellings unfit for human habitation, § 36-61-11 .
Law reviews.
For article, “Delegation in Georgia Local Government Law,” see 7 Ga. St. B.J. 9 (1970).
For article surveying Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978).
Structure Georgia Code
Chapter 2 - Abatement of Nuisances Generally
§ 41-2-1. Authorization and Procedure for Abatement of Nuisances Generally
§ 41-2-2. Filing of Complaint to Abate Public Nuisance
§ 41-2-3. Filing of Petition to Abate Private Nuisance
§ 41-2-8. Definitions for Use in Code Sections 41-2-7 Through 41-2-17
§ 41-2-11. Powers of Public Officers in Regard to Unfit Buildings or Structures
§ 41-2-13. Injunctions Against Order to Repair, Close, or Demolish Unfit Buildings or Structures
§ 41-2-14. Taking of Unfit Buildings or Structures by Eminent Domain; Police Power