---
title: O.C.G.A. § 31-5-10. Conditions injurious to public on private property; notification requirement; inspections; abatement.
collection: code
id: 31-5-10
cite_as: O.C.G.A. § 31-5-10 (2025)
canonical_url: https://georgiacommons.org/code/31-5-10
md_url: https://georgiacommons.org/code/31-5-10.md
text_url: https://georgiacommons.org/code/31-5-10/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t31-(v23)-2025-pdf.pdf?sfvrsn=da7ded69_0#page=173
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: HEALTH / ADMINISTRATION AND ENFORCEMENT / GENERAL PROVISIONS
---

# O.C.G.A. § 31-5-10. Conditions injurious to public on private property; notification requirement; inspections; abatement.

(a) The provisions of this Code section shall apply only in those counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.

(b) Any person who knows or suspects that a condition exists on private property, which condition is injurious to the public health, safety, or comfort, shall immediately notify the Department of Public Health or the county board of health. Upon receiving such notice, the department or the county board of health shall be authorized to obtain an inspection warrant as provided in Code Section 31-5-21. If the department or the county board of health determines that there exists a condition which is injurious to the public health, safety, or comfort, the department or county board of health shall, by registered or certified mail or statutory overnight delivery with return receipt requested, notify the occupants of the property and, if different from the occupant, the person, firm, or corporation which owns the property. Notice to the owner shall be sent to the address shown on the county or municipal property tax records.

(c) If the department or the county board of health brings an action for injunction to abate a public nuisance which is injurious to the public health, safety, or comfort, process shall be served on the occupants of the property and on any person, firm, or corporation having any interest in the property according to the county property records. Service shall be made in accordance with Code Section 9-11-4; and, if any person, firm, or corporation to be served resides outside the state, has departed the state, cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons as provided in Code Section 9-11-4.

(d) In addition to any form of relief ordered by the court, the superior court may, as a part of its order, authorize the department or the county board of health to take appropriate action to abate such public nuisance. Any cost incurred by the department or the county board of health to abate such nuisance shall constitute a lien against the property, and such lien shall have the same status and priority as a lien for taxes.

## History

Code 1981, § 31-5-10, enacted by Ga. L. 1985, p. 388, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2015, p. 598, § 1-10/HB 72.

## Law Reviews

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 63 (2015).