§ 18-1. Definitions.

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:

Applicable codes means:

(1)

Any optional housing or abatement standard provided by state law as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property;

(2)

Any fire or life safety code applicable under state law or adopted by ordinance or resolution of the City; and

(3)

Any building codes adopted by the City provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed, unless otherwise provided by law.

Closing means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry.

Commercial wastes and building materials includes all waste byproducts for manufacturing or commercial establishments, cinders and ashes from commercial boilers, cardboard and wooden boxes, crates, barrels, wood, brick, rock, sheetrock, sand, gypsum, metal or any materials used in building of houses and buildings.

Drug crime means an act which is a violation of the Georgia Controlled Substances Act, O.C.G.A. § 16-13-20 et seq.

Dwellings, buildings, or structures means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. The term "dwellings, buildings, or structures" shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other buildings or structure used for the production, growing, raising, or harvesting of crops, livestock, or poultry.

Garbage means domestic wastes composed of meat, vegetables and fruit scraps, cans, bottles, paper, cardboard, rags, ashes and other such waste matter normally to be disposed of from residences, churches, schools, small business establishments and similar places.

Occupant means any person living on any premises. Any person receiving the rent, in whole or in part, for any premises shall be deemed an agent. Any premises upon which construction of any kind is in progress and where employees or workers eat their dinner or lunches. In or about such premises or scatter lunch or food in or about such premises, the contractor or foreman or other person in charge over such workers shall be deemed an occupant. The person in charge of any market or stall in any market shall also be deemed an occupant.

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

Parties in interest means:

(1)

Persons in possession of said property and premises;

(2)

Persons having of record in the county in which the dwelling, building, or structure is located any vested right, title, or interest in or lien upon such dwelling, building, or structure or the lot, tract, or parcel of real property upon which the structure is situated or upon which the public health hazard or general nuisance exists based upon a 50-year title examination conducted in accordance with the title standards of the State Bar of Georgia;

(3)

Persons having paid an occupational tax to the governing authority for a location or office at the subject building or structure; or

(4)

Persons having filed a property tax return with the governing authority as to the subject property, building, or structure.

Premises includes land, buildings or other structures, vehicles, or parts thereof, upon or in which refuse is stored.

Public authority means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality.

Public officer means the officer or officers who are authorized by O.C.G.A. § 41-2-1 et seq. to exercise the powers prescribed by this section or any agent of such officer or officers.

Repair means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure.

Resident means any person residing in the jurisdiction where the property is located on or after the date on which the alleged nuisance arose.

Sanitary superintendent means the sanitary superintendent of the City, or his authorized representative.

Trash includes yard wastes, such as weeds, grass and hedge trimmings, leaves, brush, tree limbs and similar items.

(Code 1997, §§ 31-101, 33-102)