§ 83-27. Notice to property owner.

(a)

If the community development director or public safety director has notice or reason to believe that a public safety nuisance is being maintained or permitted within unincorporated Cobb County, then the community development director or public safety director shall be authorized to review the case with the county attorney to determine the appropriate course of action.

(b)

In advance of filing any petition for abatement with a court of competent jurisdiction, the county attorney shall be authorized to provide the written notice described in paragraph (c), by personal service, statutory overnight delivery, or certified mail, return receipt requested, to the property owner, and operator of such property in an effort to permit the property owner(s) to voluntarily abate the nuisance.

(c)

When providing notice as contemplated herein, the written notice must:

(1)

State that a public safety nuisance as defined in section 83-26 is being maintained or permitted on or within the property and must specify the kind or kinds of nuisance being maintained or permitted;

(2)

Summarize the evidence showing that a public safety nuisance is being maintained or permitted in the building, including the date(s) on which public safety nuisance-related activity or activities are alleged to have occurred;

(3)

Offer the opportunity to voluntarily abate the conduct constituting the public safety nuisance, to enter into an abatement plan, and/or to otherwise resolve the matter within 30 days of service of the notice;

(4)

Advise of an abatement meeting, at a date and time certain and at a place designated within the written notice, or as agreed to by the county attorney, with the county attorney, public safety director, and/or community development director to determine acceptable abatement measures and agree upon an abatement plan;

(5)

Inform the property owner or agent that failure to meet and/or to abate the nuisance may result in the filing of a petition for abatement in a court of competent jurisdiction in accordance with state law, wherein remedies, including enjoining the use of the property, may be pursued.

(d)

In the event that the notice described in section 83-27(b) and (c) is personally served, proof of receipt from overnight carrier is received, or an executed return receipt is received back from the property owner and such property owner fails to attend the meeting as set forth in the notice without good cause, a petition for abatement may be filed.

(Amd. of 8-9-16)