SB388: SB388 "Property Owners Protection Act"; enact

26 LC 46 1331 Senate Bill 388 By: Senator Moore of the 53rd A BILL TO BE ENTITLED AN ACT To amend Chapter 13 of Title 36 of the Official Code of Georgia Annotated, relating to1 building, electrical, and other codes, so as to provide that no person may be incarcerated for2 certain code violations; to revise the number of days that cons titute a separate offense; to3 amend Chapter 74 of Title 36 of the Official Code of Georgia An notated, relating to local4 government code enforcement boards, so as to provide that certain emergency circumstances5 must be present before a code violation may constitute grounds for a search warrant; to6 provide for a reduction in a certain administrative fine; to provide for legislative findings; to7 provide for a short title; to provide for related matters; to r epeal conflicting laws; and for8 other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 The General Assembly finds and declares that:12 (1) Numerous property owners have been harmed by the actions of overzealous local code13 enforcement officers;14 (2) No homeowner should ever be incarcerated based on simple b uilding, electrical, or15 other local code violations;16 S. B. 388 - 1 - 26 LC 46 1331 (3) A person's home should be a place of refuge where a homeowner can enjoy a degree17 of privacy and tranquility, without being subjected to government overreach;18 (4) Except where imminent danger exists to a homeowner or his or her neighbors, code19 enforcement officials should not be able to obtain search warra nts for a person's home20 based on building, electrical, or other local code violations; and21 (5) Local code enforcement officers should not be able to count each and every day of a22 violation as a separate offense, thereby running up excessive f ines on sometimes23 unsuspecting property owners.24 SECTION 2.25 This Act shall be known and may be cited as the "Property Owners Protection Act."26 SECTION 3.27 Chapter 13 of Title 36 of the Official Code of Georgia Annotate d, relating to building,28 electrical, and other codes, is amended by revising Code Sectio n 36-13-12, relating to29 criminal penalty for violations of codes, rules, or regulations, as follows:30 "36-13-12.31 The violation of any of the codes, rules, and regulations adopted by the county governing32 authority under this chapter is declared to be a misdemeanor. Any person violating any33 such codes, rules, and regulations shall be guilty of a misdeme anor. No person shall be34 incarcerated, however, for the commission of such a misdemeanor. Each and every day35 30 days that such violation continues shall be deemed a separate offense."36 SECTION 4.37 Chapter 74 of Title 36 of the Official Code of Georgia Annotate d, relating to local38 government code enforcement boards, is amended by revising subs ection (b) of Code39 Section 36-74-26, relating to administrative fines and public record, as follows:40 S. B. 388 - 2 - 26 LC 46 1331 "(b)(1) An administrative fine imposed pursuant to this Code se ction for a violation41 involving the health or safety of a third party shall not excee d $1,000.00 per day42 $5,000.00.43 (2) An administrative fine imposed pursuant to this Code section for a violation that is44 not a violation involving the health or safety of a third party shall not exceed a total of45 $1,000.00.46 (3) In determining the amount of the fine, if any, the enforcement board shall consider47 the following factors:48 (A) The gravity of the violation;49 (B) Any actions taken by the violator to correct the violation; and50 (C) Any previous violations committed by the violator.51 (4) An enforcement board may reduce a fine imposed pursuant to this Code section."52 SECTION 5.53 Said chapter is further amended by revising Code Section 36-74- 30, relating to other54 enforcement methods and probable cause for investigation required, as follows:55 "36-74-30.56 (a) It is the intent of this article to provide an additional or supplemental means of57 obtaining compliance with local codes. Nothing contained in this article shall prohibit a58 local governing body through its code enforcement officer from enforcing its codes by any59 other lawful means including criminal and civil proceedings; pr ovided, however, that a60 local governing body shall not pursue a specific instance of an alleged violation of an61 ordinance against one violator before both a code enforcement b oard and a magistrate,62 municipal, or other court authorized to hear ordinance violations.63 (b) Notwithstanding any provision of law to the contrary, no l ocal government is64 authorized to perform investigations or inspections of residential or commercial property,65 including residential rental property, unless there is probable cause to believe there is or66 S. B. 388 - 3 - 26 LC 46 1331 has been a violation or violations of applicable codes, and suc h violation or violations67 create an imminent danger to the life or health of the owner, tenants of or visitors to such68 property, or the neighbors within a one mile radius of such pro perty. Conditions which69 appear to be code violations which are in plain view may form the basis for probable cause.70 (b)(c) In No local government is authorized to perform investigations or inspections of71 residential rental property unless there is probable cause to believe there is or has been a72 violation or violations of applicable codes, and in no event may a local government require73 the registration of residential rental property. Conditions wh ich appear to be code74 violations which are in plain view may form the basis for probable cause."75 SECTION 6.76 All laws and parts of laws in conflict with this Act are repealed.77 S. B. 388 - 4 -