§ 83-13. Notice to remove and hearing.

(1)

If code enforcement personnel have reason to believe that a violation as described and declared in this section exists, the owner of the offending property shall be notified and requested to cause the condition to be remedied. The notice shall be presented by both a physical posting on the property in the name of the property owner and by certified mail or personal delivery to the owner or owners as their names and addresses are shown on the tax records of the county. Notice shall be deemed complete and sufficient when so physically posted and personally delivered or mailed.

(2)

The required notice shall contain the following:

(a)

Name(s) and address(es) of the owner(s) of the property, according to the public records of Cobb County, Georgia.

(b)

Location of the property on which the violation exists.

(c)

A statement by the code enforcement officer that the code enforcement division has reason to believe that a violation of the above section(s) has been determined to exist on the property, which violation constitutes a public nuisance.

(d)

A description of the condition which causes the property to be in violation.

(e)

A requirement that the record owner of the property remedy the violation within 20 calendar days from the date of the notice, failing which the county will issue a citation to Magistrate Court for property that has not been abandoned or is not vacant as defined in this section. If the property is vacant or abandoned as defined herein, the county will remedy the condition and assess against the record title owner of the parcel of land all the costs thereof plus an administrative charge.

(f)

A statement that, if the costs and administrative charge are not paid within 30 calendar days of invoice date, a lien will be placed on the property.

(g)

A schedule of the charges which may be assessed against the record owner if the county has to remedy the violation.

(h)

An estimate of the total cost, based on the schedule of charges, if the violation is remedied by the county. Such estimate is not to be interpreted or construed as the final cost which may be assessed, but only a good-faith approximation of such cost. The final assessable cost may be greater or lesser than the estimate.

(i)

A statement that the record owner of the property may, within 20 calendar days from the date of the notice, make a written request for a hearing before the board of zoning appeals for the purpose of showing that the cited condition does not constitute a violation.

(3)

Within 20 calendar days from the date of the notice, the owner of the property may make a written request to the board of zoning appeals for a hearing before that body to show that the condition does not constitute a public nuisance. Such request shall state the name of the property owner, the location of the cited property, and the grounds upon which the owner relies in order to show that the cited condition does not constitute a public nuisance. At the hearing the county and the property owner may introduce such evidence as is deemed necessary.

(Ord. of 2-27-07; Ord. of 2-26-08; Ord. of 7-27-10)