---
title: O.C.G.A. § 36-74-46. Administrative fines; public record.
collection: code
id: 36-74-46
cite_as: O.C.G.A. § 36-74-46 (2025)
canonical_url: https://georgiacommons.org/code/36-74-46
md_url: https://georgiacommons.org/code/36-74-46.md
text_url: https://georgiacommons.org/code/36-74-46/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=348
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/36-74-45.md
next: https://georgiacommons.org/code/36-74-47.md
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 PRIOR TO JANUARY 1, 2003
---

# O.C.G.A. § 36-74-46. Administrative fines; public record.

(a)(1) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1,000.00 per day.

(2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00.

(3) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:

(A) The gravity of the violation;

(B) Any actions taken by the violator to correct the violation; and

(C) Any previous violations committed by the violator.

(4) An enforcement board may reduce a fine imposed pursuant to this Code section.

(b) A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien.

## History

Code 1981, § 36-74-46, enacted by Ga. L. 2003, p. 581, § 2.