SB166: SB166 Counties; ordinances for governing and policing unincorporated areas of counties; revise provisions

26 LC 46 1400S The Senate Committee on Urban Affairs offered the following substitute to SB 166: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the O fficial Code of Georgia1 Annotated, the "Fair Business Practices Act," so as to provide for a certain new violation; to2 amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general3 provisions applicable to counties only, so as to revise provisions relating to ordinances for4 governing and policing unincorporated areas of counties; to ame nd Chapter 60 of Title 365 of the Official Code of Georgia Annotated, relating to provisions applicable to counties and6 municipal corporations, so as to authorize enhanced monetary pe nalties for repeated7 violations of certain county and municipal codes or ordinances; to provide for a definition;8 to provide limitations on such penalties; to amend Chapter 74 of Title 36 of the Official Code9 of Georgia Annotated, relating to local government code enforcement boards, so as to create10 an exception to the prohibition against a local government requ iring the registration of11 certain residential rental property; to provide for related matters; to repeal conflicting laws;12 and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 - 1 - 26 LC 46 1400S SECTION 1. 15 Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the16 "Fair Business Practices Act," is amended in Code Section 10-1- 393, relating to unfair or17 deceptive practices in consumer transactions unlawful and examples, by striking "and" at the18 end of paragraph (36), by replacing the period at the end of paragraph (37) with "; and", and19 by adding a new paragraph to subsection (b) to read as follows:20 "(38) Failure to comply with the provisions of Code Section 34- 74-30 regarding the21 attempted avoidance of registration of certain residential property."22 SECTION 2.23 Chapter 1 of Title 36 of the Official Code of Georgia Annotated , relating to general24 provisions applicable to counties only, is amended by revising Code Section 36-1-20, relating25 to ordinances for governing and policing of unincorporated areas of county, as follows:26 "36-1-20.27 (a) The governing authority of each county, for the purpose of protecting and preserving28 the public health, safety, and welfare, is authorized to adopt ordinances for the governing29 and policing of the unincorporated areas of the county, violations of which ordinances may30 be punished by fine or imprisonment confinement or both. Without limiting the generality31 of the foregoing, such ordinances may provide for traffic regulation, including adoption of32 the uniform rules of the road under Chapter 6 of Title 40, may provide for the regulation33 and control of litter in the same manner as municipal ordinance s under Code34 Section 16-7-48, and may provide for the implementation and enforcement of any power35 or duty vested in the county governing authority.36 (b) Each such ordinance shall specify the maximum punishment which may be imposed37 for a violation of the ordinance; and except as provided for in Code Section 36-60-33, in38 no case shall the maximum punishment for the violation of any such ordinance exceed a39 fine of $1,000.00 or imprisonment confinement for 60 days or both; provided, however,40 - 2 - 26 LC 46 1400S that, for violation of a pretreatment standard or requirement adopted pursuant to the federal41 Clean Water Act, the ordinance may specify that the fine may be up to $1,000.00 per day42 for each violation by an industrial user.43 (c) Jurisdiction over violations of such county ordinances shall be in the magistrate court44 of the county; and procedure for enforcement of such ordinances shall be as provided in45 Article 4 of Chapter 10 of Title 15; provided, however, that jurisdiction over ordinances46 having to do with traffic offenses shall be in the court or cou rts having jurisdiction over47 state traffic offenses.48 (d) This Code section shall not affect the jurisdiction of or procedure in any other court49 which has jurisdiction over violations of county ordinances."50 SECTION 3.51 Chapter 60 of Title 36 of the Official Code of Georgia Annotate d, relating to provisions52 applicable to counties and municipal corporations, is amended by adding a new Code section53 to read as follows:54 "36-60-33.55 (a) As used in this Code section, the term 'county or municipal codes or ordinances' means56 zoning ordinances and resolutions, ordinances and resolutions e nacting subdivision57 regulations, environmental ordinances and resolutions, state mi nimum standard codes58 provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code59 Section 8-2-25, other ordinances and resolutions regulating the development of real60 property, and ordinances and regulations providing for control of litter and debris, control61 of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding62 the above, such term shall not include:63 (1) Those codes and ordinances requiring a permit, unless the alleged violator has failed64 to secure all necessary valid permits under said codes and ordinances; or65 - 3 - 26 LC 46 1400S (2) Any local amendments to the state minimum standard codes p rovided for in Code66 Section 8-2-25 not adopted in conformity with the requirements of subsection (c) of such67 Code section.68 (b) Notwithstanding the provision of any local law, including municipal charters, to the69 contrary, each county and municipality is authorized to provide for enhanced monetary70 penalties for repeat and subsequent violations of any county or municipal codes or71 ordinances in cases pertaining to public health and safety. Enhanced monetary penalties72 authorized by this Code section shall not exceed:73 (1) An amount of $3,000.00 for a second violation of a county or municipal code or74 ordinance;75 (2) An amount of $5,000.00 for a third violation of a county o r municipal code or76 ordinance;77 (3) An amount of $10,000.00 for a fourth violation of a county or municipal code or78 ordinance; and79 (4) An amount of $15,000.00 for a fifth or subsequent violation of a county or municipal80 code or ordinance.81 (c) The enhanced monetary penalties authorized by this Code section shall not apply to:82 (1) Any property that is subject to a homestead exemption gran ted pursuant to83 Article VII, Section II, Paragraph II of the Constitution; or84 (2) Any person owning less than ten single-family or duplex residential properties within85 the geographic boundaries of the same county, whether incorporated or unincorporated,86 as the property that is the subject of the code or ordinance enforcement action, regardless87 of whether or not such additional properties are located within the jurisdiction bringing88 the enforcement act."89 - 4 - 26 LC 46 1400S SECTION 4.90 Chapter 74 of Title 36 of the Official Code of Georgia Annota ted, relating to local91 government code enforcement boards, is amended by revising subsection (b) and adding a92 new subsection to Code Section 36-74-30, relating to other enfo rcement methods and93 probable cause for investigation required, as follows:94 "(b) No local government is authorized to perform investigation s or inspections of95 residential rental property unless there is probable cause to believe there is or has been a96 violation or violations of applicable codes, and in no event may a local government require97 the registration of residential rental property, unless the owner of such property owns ten98 or more single-family or duplex residential properties within the geographic boundaries of99 the same county, whether incorporated or unincorporated, as the jurisdiction requiring such100 registration. Conditions which appear to be code violations which are in plain view may101 form the basis for probable cause. If there is probable cause to believe that there is or has102 been a violation or violations of applicable codes on such a property managed by a person103 licensed pursuant to Chapter 40 of Title 43, upon request of a code enforcement officer, the104 tenant of such property shall provide the name, license number, and contact information105 for the property manger.106 (c) Any residential property owner or representative of such owner who attempts to avoid107 the required registration of some or all of his or her property through the use of multiple108 limited liability company or corporate names shall have violated this Code section and such109 violation shall be in violation of Code Section 10-1-393."110 SECTION 5.111 All laws and parts of laws in conflict with this Act are repealed.112 - 5 -