---
title: O.C.G.A. § 36-74-30. Other enforcement methods; probable cause for investigation required.
collection: code
id: 36-74-30
cite_as: O.C.G.A. § 36-74-30 (2025)
canonical_url: https://georgiacommons.org/code/36-74-30
md_url: https://georgiacommons.org/code/36-74-30.md
text_url: https://georgiacommons.org/code/36-74-30/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t36-ch60-92-(v27a)-2025-pdf.pdf?sfvrsn=1fad51cc_0#page=342
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.
up: https://georgiacommons.org/code/36-74.md
previous: https://georgiacommons.org/code/36-74-29.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: LOCAL GOVERNMENT / Provisions Applicable to Counties and Municipal Corporations / LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS / ENFORCEMENT BOARDS CREATED ON OR AFTER JANUARY 1, 2003
extraction_warnings:
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---

# O.C.G.A. § 36-74-30. Other enforcement methods; probable cause for investigation required.

(a) It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code enforcement officer from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations.

(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. 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.

## History

Code 1981, § 36-74-13, enacted by Ga. L. 2000, p. 1102, § 3; Code 1981, § 36-74-30, as redesignated by Ga. L. 2003, p. 581, § 2; Ga. L. 2003, p. 818, § 2; Ga. L. 2012, p. 163, § 6/HB 93; Ga. L. 2025, p. 882, § 1/HB 399, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, added the last sentence in subsection (b).