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 Official Code of Georgia
Annotated, the "Fair Business Practices Act," so as to provide for a certain new violation; to
amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties only, so as to revise provisions relating to ordinances for
governing and policing unincorporated areas of counties; to amend Chapter 60 of Title 36
of the Official Code of Georgia Annotated, relating to provisions applicable to counties and
municipal corporations, so as to authorize enhanced monetary penalties for repeated
violations of certain county and municipal codes or ordinances; to provide for a definition;
to provide limitations on such penalties; to amend Chapter 74 of Title 36 of the Official Code
of Georgia Annotated, relating to local government code enforcement boards, so as to create
an exception to the prohibition against a local government requiring the registration of
certain residential rental property; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the
"Fair Business Practices Act," is amended in Code Section 10-1-393, relating to unfair or
deceptive practices in consumer transactions unlawful and examples, by striking "and" at the
end of paragraph (36), by replacing the period at the end of paragraph (37) with "; and", and
by adding a new paragraph to subsection (b) to read as follows:
<ins>"(38) Failure to comply with the provisions of Code Section 34-74-30 regarding the
attempted avoidance of registration of certain residential property."
</ins> SECTION 2.
Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties only, is amended by revising Code Section 36-1-20, relating
to ordinances for governing and policing of unincorporated areas of county, as follows:
"36-1-20.
(a) The governing authority of each county, for the purpose of protecting and preserving
the public health, safety, and welfare, is authorized to adopt ordinances for the governing
and policing of the unincorporated areas of the county, violations of which ordinances may
be punished by fine or <del>imprisonment</del> <ins>confinement</ins> or both. Without limiting the generality
of the foregoing, such ordinances may provide for traffic regulation, including adoption of
the uniform rules of the road under Chapter 6 of Title 40, may provide for the regulation
and control of litter in the same manner as municipal ordinances under Code
Section 16-7-48, and may provide for the implementation and enforcement of any power
or duty vested in the county governing authority.
(b) Each such ordinance shall specify the maximum punishment which may be imposed
for a violation of the ordinance; and <ins>except as provided for in Code Section 36-60-33,</ins> in
no case shall the maximum punishment for the violation of any such ordinance exceed a
fine of $1,000.00 or <del>imprisonment</del> <ins>confinement</ins> for 60 days or both; provided, however,
that, for violation of a pretreatment standard or requirement adopted pursuant to the federal
Clean Water Act, the ordinance may specify that the fine may be up to $1,000.00 per day
for each violation by an industrial user.
(c) Jurisdiction over violations of such county ordinances shall be in the magistrate court
of the county; and procedure for enforcement of such ordinances shall be as provided in
Article 4 of Chapter 10 of Title 15; provided, however, <ins>that</ins> jurisdiction over ordinances
having to do with traffic offenses shall be in the court or courts having jurisdiction over
state traffic offenses.
(d) This Code section shall not affect the jurisdiction of or procedure in any other court
which has jurisdiction over violations of county ordinances."
SECTION 3.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions
applicable to counties and municipal corporations, is amended by adding a new Code section
to read as follows:
<ins>"36-60-33.
(a) As used in this Code section, the term 'county or municipal codes or ordinances' means
zoning ordinances and resolutions, ordinances and resolutions enacting subdivision
regulations, environmental ordinances and resolutions, state minimum standard codes
provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code
Section 8-2-25, other ordinances and resolutions regulating the development of real
property, and ordinances and regulations providing for control of litter and debris, control
of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding
the above, such term shall not include:
(1) Those codes and ordinances requiring a permit, unless the alleged violator has failed
to secure all necessary valid permits under said codes and ordinances; or
</ins>
<ins>(2) Any local amendments to the state minimum standard codes provided for in Code
Section 8-2-25 not adopted in conformity with the requirements of subsection (c) of such
Code section.
(b) Notwithstanding the provision of any local law, including municipal charters, to the
contrary, each county and municipality is authorized to provide for enhanced monetary
penalties for repeat and subsequent violations of any county or municipal codes or
ordinances in cases pertaining to public health and safety. Enhanced monetary penalties
authorized by this Code section shall not exceed:
(1) An amount of $3,000.00 for a second violation of a county or municipal code or
ordinance;
(2) An amount of $5,000.00 for a third violation of a county or municipal code or
ordinance;
(3) An amount of $10,000.00 for a fourth violation of a county or municipal code or
ordinance; and
(4) An amount of $15,000.00 for a fifth or subsequent violation of a county or municipal
code or ordinance.
(c) The enhanced monetary penalties authorized by this Code section shall not apply to:
(1) Any property that is subject to a homestead exemption granted pursuant to
Article VII, Section II, Paragraph II of the Constitution; or
(2) Any person owning less than ten single-family or duplex residential properties within
the geographic boundaries of the same county, whether incorporated or unincorporated,
as the property that is the subject of the code or ordinance enforcement action, regardless
of whether or not such additional properties are located within the jurisdiction bringing
the enforcement act."
</ins>
SECTION 4.
Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to local
government code enforcement boards, is amended by revising subsection (b) and adding a
new subsection to Code Section 36-74-30, relating to other enforcement methods and
probable cause for investigation required, as follows:
"(b) No local government is authorized to perform investigations or inspections of
residential rental property unless there is probable cause to believe there is or has been a
violation or violations of applicable codes, and in no event may a local government require
the registration of residential rental property, <ins>unless the owner of such property owns ten
or more single-family or duplex residential properties within the geographic boundaries of
the same county, whether incorporated or unincorporated, as the jurisdiction requiring such
registration.</ins> Conditions which appear to be code violations which are in plain view may
form the basis for probable cause. If there is probable cause to believe that there is or has
been a violation or violations of applicable codes on such a property managed by a person
licensed pursuant to Chapter 40 of Title 43, upon request of a code enforcement officer, the
tenant of such property shall provide the name, license number, and contact information
for the property manger.
<ins>(c) Any residential property owner or representative of such owner who attempts to avoid
the required registration of some or all of his or her property through the use of multiple
limited liability company or corporate names shall have violated this Code section and such
violation shall be in violation of Code Section 10-1-393."
</ins> SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.