§ 26-377. Civil remedies and abatement of nuisances

(a) In the event that any person violates any provision of this article, the county or other appropriate authority may, in addition to other remedies, institute an action for injunction, cleanup or stop work order, mandamus, irreversible damage fines, lien on property or other appropriate action or proceeding to prevent such unlawful acts or to correct or abate any such violation (as provided in O.C.G.A. §§ 16-7-52, 16-7-53). In addition, the county may immediately revoke or suspend any and all business, building, development or any and all other county issued permits related to the property or properties involved with the violation until such time that compliance is met, or until the ruling of a court of competent jurisdiction is obtained, at which time, respective permits may be reissued.

(b) Upon finding evidence, a written notice of violation may be issued at the discretion of the enforcing officer(s) in lieu of a citation. In the absence of corrective action or in the event that a second violation occurs, the evidence constituting the notice of violation may be submitted as evidence for consideration as a first offense before a court with competent jurisdiction and the pending case treated as a second offense by the court as defined in section 26-375(a)(2).

(c) If a person is found guilty of a violation of a provision of this article, the court and/or the commissioner may cause written notice to be given, or incorporate into the court order to the violator instructing that person to properly address any provision still remaining in violation of this article for which said violator is convicted. Such notice shall be by personal service, and in the event the violator cannot be so served, then by registered mail sent to the violator's last known address.

(d) Upon failure, neglect or refusal of any person so notified to properly address said provisions within 20 days after receipt of notice as provided in this section, the commissioner is authorized and empowered to cause the cleanup, removal or disposal of scrap tires dumped, deposited, thrown or left on public or private property in violation of the article on behalf of the county. The expenses incurred by the county shall be chargeable to the violator and the commissioner and/or the court shall send a statement of the amount due for said expenses by registered mail.

(e) When the full amount of such charges is not paid by the violator within 30 days after receipt of said statement as provided in this section, the commissioner shall cause to be recorded in the execution docket a sworn statement showing the costs and expenses incurred by the county, the dates of county action, the location of the property for which action was taken, and the name of the person to be charged for the expenses incurred. The recordation of such statement shall constitute a lien on the personal and real property of the person to be charged and shall remain in full force and effect until final payment is received in full, including accrued interest from the date of recording and any and all costs. Such amount as shall constitute final payment shall be subject to collection in the manner fixed by law for the collection of taxes.

(f) This section shall apply with full force and effect, regardless of the provisions of any order of the court in which the violator was convicted. This section should not be construed as an excuse for failure on the part of the violator to perform any cleanup ordered by the court, nor shall it be considered as a mitigating factor in any contempt action against a violator who has failed to obey the order of the court.

(Ord. of 1-2-2003, § VI)