Athens City Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Owner means the holder of the title in fee simple and every mortgagee of record.

Parties in interest means all individuals, associations, corporations and others who have interests of record in a structure and any who are in possession thereof.

Public authority means any officer who is in charge of any department or branch of government of the city or state relating to health, fire, building regulations, or other activities concerning structures in the city.

Public officer means the city manager or his designated agent who is authorized by this chapter to exercise the powers prescribed by this chapter.

Structure means any building or structure, or part thereof, used and occupied for human habitation or by the public in general or intended to be so used and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.

(Code 1972, § 4-802; Code 1995, § 13-302)

There exists in the city structures which are unfit for human habitation due to dilapidation; defects increasing the hazards of fire, accident or other calamities; lack of ventilation, light or sanitary facilities; or due to other conditions rendering such structures unsafe or unsanitary or dangerous or detrimental to the welfare of the residents of the city.

(Code 1972, § 4-803; Code 1995, § 13-303)

The code enforcement officer is designated as the officer of the city who is to exercise the powers herein prescribed.

(Code 1972, § 4-804; Code 1995, § 13-304)

When a petition is filed with the city manager by a public authority or by at least five residents of the city charging that any structure is unfit for human habitation, or use in general, or when it appears to the city manager (on his own motion) that any structure is unfit for human habitation or use, the code enforcement officer shall, if, after making a preliminary investigation, such investigation discloses a basis for such charges, issue and cause to be served upon the owner of the parties in interest of such structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the city manager (or his designated agent) at a time and place therein fixed not less than ten days nor more than 30 days after the serving of the complaint; that the owners and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint; and the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the city manager or his designated agent. As contained herein, the term "public authority" means any officer who is in charge of any department or branch of the government of the city or the state relating to health, fire, building regulations, or other activities concerning structures in the city.

(Code 1972, § 4-805; Code 1995, § 13-305)

1. (1) If, after such notice and hearing as prescribed in ACC 13-62, the city manager determines that the structure under consideration is unfit for human habitation or public use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof:
   1. (a) If the repair, alteration, or improvement of the structure (not exceeding 50 percent of the reasonable value) can be made at a reasonable cost in relation to the value of the structure, an order requiring the owner, within the time specified in the order, to repair, alter, or improve such structure to render it fit for human habitation or public use or if not adequately repaired, altered or improved within the time specified in the order to vacate and close the structure as a human habitation; or
   2. (b) If the repair, alteration or improvement of the structure cannot be made at a reasonable cost in relation to the value of the structure, an order requiring the owner, within the time specified in the order, to remove or demolish such structure. Rebuilding in violation of existing zoning ordinances will not be permitted.
2. (2) The code enforcement officer shall determine the value of the structure in question existing on the land and the value of the land, itself, not to be considered, and, if the structure can be made to conform to such standards as will make it properly habitable by an expenditure of not more than 50 percent of the value, the order referred to in subsection (1) of this section shall contain the alternative in subsection (1)(a) of this section. If an expenditure of more than 50 percent of the value just referred to would be necessary to make the structure properly habitable, the order in subsection (1) of this section shall contain the alternative in subsection (1)(b) of this section.

(Code 1972, § 4-806; Code 1995, § 13-306)

If the owner fails to comply with the order under ACC 13-63, the city manager may cause such structure to be repaired, altered or improved or be vacated and closed and, in such event, the city manager may cause to be posted on the main entrance of any structure so closed a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."

(Code 1972, § 4-807; Code 1995, § 13-307)

If the owner fails to comply with an order as set forth in ACC 13-63, the city manager may cause such structure to be removed or demolished.

(Code 1972, § 4-808; Code 1995, § 13-308)

The amount of the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition by the city manager shall be a lien against the real property on which such cost was incurred. If the structure is removed or demolished by the city manager, he shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the chancery court by the city manager, shall be secured in such manner as may be directed by such court and shall be disbursed by such court to the person found to be entitled thereto by final order or decree of such court; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(Code 1972, § 4-809; Code 1995, § 13-309)

In addition to the other standards set forth in this chapter, the city manager or his authorized agent may determine that a structure is unfit for human habitation or public use if he finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such structures, the occupants of neighboring dwellings or other residents of the city; such conditions may include the following (but without limiting the generality of the foregoing): defects in increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.

(Code 1972, § 4-810; Code 1995, § 13-310)

Complaints or orders issued by the city manager pursuant to the requirements of this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the city manager in the exercise of reasonable diligence and the city manager or his authorized agent shall make affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in a newspaper printed and published in the city. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed for record in the county register's office in which the structure is located and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.

(Code 1972, § 4-811; Code 1995, § 13-311)

1. (1) Any person affected by an order issued by the city manager or his authorized agent may file a bill in the chancery court for an injunction restraining the manager from carrying out the provisions of the order and the court may, upon the filing of such bill, issue a temporary injunction restraining the manager pending the final disposition of the cause; provided, however, that within 60 days after the posting and service of the order of the city manager, such persons shall file such bill in the court.
2. (2) The remedies herein provided shall be exclusive remedies and no person affected by an order of the city manager shall be entitled to recover any damages for action taken pursuant to any order of the city manager or because of noncompliance by such person with any order of the city manager.

(Code 1972, § 4-812; Code 1995, § 13-312)

The city manager is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter including the following powers in addition to others herein granted:

1. (1) To investigate or have investigated the condition of structures in the city in order to determine which structures therein are unfit for human habitation.
2. (2) To administer oaths and affirmations, examine witnesses and receive evidence.
3. (3) To enter upon premises for the purposes of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
4. (4) To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter.
5. (5) To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.

(Code 1972, § 4-813; Code 1995, § 13-313)