§ 83-5. Definitions.  


Latest version.
  • As used throughout this article, the term:

    Applicable codes means (1) any housing or abatement standard provided in O.C.G.A., title 8, ch. 2, including standard minimum codes as adopted now or hereafter by ordinance and codified under chapter 18 of the Official Code of Cobb County, Georgia, or by operation of law, or other property maintenance or building standards or codes as adopted now or hereafter by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; and (2) any fire or life safety code as provided for in O.C.G.A., title 25, ch. 2. Any 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 property to be vacated and secured against unauthorized entry.

    Drug crime means an act which is a violation of O.C.G.A. title 16, ch. 13, art. 2, known as the "Georgia Controlled Substances Act."

    Interested party means

    (1)

    Owner;

    (2)

    Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia;

    (3)

    Those parties having filed a notice in accordance with O.C.G.A. § 48-3-9;

    (4)

    Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of court. Interested party shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded, which interest shall remain unaffected; and

    (5)

    Persons in possession of said property and premises.

    Owner means both the current owner of record and any current mortgagee holding legal title by virtue of a security instrument as shown by a 50-year title examination conducted in accordance with the title standards of the State Bar of Georgia.

    Property means any lot, tract, or parcel of real estate whether improved or unimproved. It shall include any dwelling, building, 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 outhouse, improvement, and appurtenance belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. The term shall expressly include, for means of amplification and not limitation, swimming pools and wells. Also as used in this article, the term 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.

    Public authority means any member of the board of commissioners, any housing authority officer, or any officer who is in charge of any department or branch of county government relating to health, fire, or building regulations or to other activities concerning properties in the county; however, in no event shall any such public authority who files a request for investigation under section 83-7 be the public officer exercising the powers conferred upon public officers under this article.

    Public officer means either the director of community development or his or her designee, the director of public safety or his or her designee, or the director of the county board of health or his or her designee.

    Repair means altering or improving a property so as to bring any dwelling, building, or structure into compliance with the applicable codes in the jurisdiction where the property is located and/or the cleaning or removal of debris, trash, and other materials present and accumulated which create unsanitary and unsafe conditions which are an endangerment to the public health or safety in or about any property.

    Resident means any person residing in unincorporated Cobb County on or after the date on which the alleged nuisance arose.

(Ord. of 8-14-01; Ord. of 7-27-04; Ord. of 2-27-07)