Georgia Code
Chapter 2 - Abatement of Nuisances Generally
§ 41-2-9. [Effective Until July 1, 2023. See note.] County or Municipal Ordinances Relating to Unfit Buildings or Structures

For purposes of this Code section, the court shall make its determination of “reasonable cost in relation to the present value of the dwelling, building, or structure” without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure may be considered. Income and financial status of the owner shall not be factor in the court’s determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the jurisdiction;
“This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful.”;
History. Code 1981, § 41-2-9 , enacted by Ga. L. 1982, p. 2107, § 45; Ga. L. 1983, p. 3, § 30; Ga. L. 1984, p. 22, § 41; Ga. L. 1988, p. 1419, § 2; Ga. L. 1989, p. 14, § 41; Ga. L. 1989, p. 1161, § 3; Ga. L. 1990, p. 1347, § 1; Ga. L. 1991, p. 94, § 41; Ga. L. 2001, p. 1196, § 3; Ga. L. 2004, p. 907, § 2; Ga. L. 2005, p. 60, § 41/HB 95.
Delayed effective date.
Code Section 41-2-9 is set out twice in this Code. This version is effective until July 1, 2023. For version effective July 1, 2023, see the following version.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2001, “and” was added at the end of paragraph (a)(6).
Law reviews.
For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 284 (1989).

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