Athens City Code

1. (1) Supervision vested in the code officer. Responsibility for enforcement of this chapter is vested in the code officer and all inspections, regulations, enforcement, and hearings on violations of the provisions of this chapter, unless expressly stated to the contrary, are under his direction and supervision. He may appoint or designate such other public officials or employees of the city to perform duties as may be necessary to the enforcement of this chapter, including the making of inspections and the holding of hearings.
2. (2) When inspections are to be made. All buildings and premises subject to this chapter are subject to inspections from time to time by the enforcing officer. At the time of such inspections, all rooms and parts of the premises must be available and accessible for such inspections, and the owner and operator are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made during regular open hours of the business occupying the premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection or abatement without delay.
3. (3) Where entry by inspectors is refused. Where the code officer or his agent is refused entry or access or is otherwise impeded or prevented by the owner or operator from conducting an inspection of the premises, such person shall be in violation of this chapter and subject to the penalties hereunder. In addition, the code officer may, upon affidavit, apply to the city judge of the city for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and if the judge is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
4. (4) Procedure where violation discovered. Where a violation of this chapter or the regulation hereunder is found to exist, a written notice from the code officer shall be served on the person responsible for the correction thereof. The notice shall specify the violation committed, what must be done to correct the same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order of the code officer in ten days after service unless a hearing is requested.
5. (5) Service of notice. Notice may be served personally or by prepaid telegram or by mail with postage prepaid, addressed to the last known address of the person to be served. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building.
6. (6) Notice to become an order unless hearing is requested. Within ten days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon and serves a written request within the ten-day period in person or by mail to the code officer. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The code officer, upon receipt of the request, shall within 30 days therefrom and upon five days' notice to the party aggrieved set the matter down for hearing.
7. (7) Determination at hearing. At any hearing provided hereunder, the code officer shall be vested with all powers provided by law to compel the attendance of witnesses and parties in interest by service of subpoena, to require by subpoena the production of books, records, or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of such subpoena as provided by law. A determination shall be made within ten days from the completion of the hearing. The code officer shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same, or withdrawing the notice.
8. (8) Extension of time. The code officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
9. (9) Summary abatement in emergency; notice and hearing not required. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the code officer may either abate the violation or condition immediately or order the owner, operator, or occupant to correct the violation within a period or time not to exceed three days, and, upon failure to do so, the code officer shall abate the condition immediately thereafter.
10. (10) Cost of abatement to be a lien against premises. Where abatement of a violation or condition is required hereunder, the code officer shall cause to be certified to the owner of the premises the cost thereof, and the owner may request a hearing on the reasonableness of the cost as provided in subsection (f) of this section. After such hearing, a final determination shall be made as to the reasonable cost of abatement, which determination shall be certified to the tax collector and shall become a lien on the property and be collected by the same procedure as real property taxes.

(Code 1972, § 4-606; Code 1995, § 12-606)