Title 41, Chapter 2, Section 8
As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term:
(1) "Applicable codes" means (A) any optional housing or abatement
standard provided in Chapter 2 of Title 8 as adopted by ordinance
or operation of law, or other property maintenance standards as
adopted by ordinance or operation of law, or general nuisance law,
relative to the safe use of real property; (B) any fire or life
safety code as provided for in Chapter 2 of Title 25; and (C) any
building codes adopted by local ordinance prior to October 1,
1991, or the minimum standard codes provided in Chapter 2 of Title
8 after October 1, provided that such building or minimum standard
codes for real property improvements shall be deemed to mean those
building or minimum standard codes in existence at the time such
real property improvements were constructed unless otherwise
provided by law.
(2) "Closing" means causing a dwelling, building, or structure to
be vacated and secured against unauthorized entry.
(3) "Drug crime" means an act which is a violation of Article 2 of
Chapter 13 of Title 16, known as the "Georgia Controlled
(4) "Dwellings, buildings, or structures" means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term "dwellings, buildings, or structures" shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.
(5) "Governing authority" means the board of commissioners or sole
commissioner of a county or the council, board of commissioners,
board of aldermen, or other legislative body charged with
governing a municipality.
(6) "Municipality" means any incorporated city within this state.
(7) "Owner" means the holder of the title in fee simple and every
mortgagee of record.
(8) "Parties in interest" means:
(A) Persons in possession of said property and premises;
(B) Persons having of record in the county in which the
dwelling, building, or structure is located any vested right,
title, or interest in or lien upon such dwelling, building, or
structure or the lot, tract, or parcel of real property upon
which the structure is situated or upon which the public health
hazard or general nuisance exists based upon a 50 year title
examination conducted in accordance with the title standards of
the State Bar of Georgia;
(C) Persons having paid an occupational tax to the governing
authority for a location or office at the subject building or
(D) Persons having filed a property tax return with the
governing authority as to the subject property, building, or
(9) "Public authority" means any member of a governing authority,
any housing authority officer, or any officer who is in charge of
any department or branch of the government of the municipality,
county, or state relating to health, fire, or building regulations
or to other activities concerning dwellings, buildings, or
structures in the county or municipality.
(10) "Public officer" means the officer or officers who are authorized by Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 and by ordinances adopted under Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 to exercise the powers prescribed by such ordinances or any agent of such officer or officers.
(11) "Repair" means altering or improving a dwelling, building, or
structure so as to bring the structure into compliance with the
applicable codes in the jurisdiction where the property is located
and the cleaning or removal of debris, trash, and other materials
present and accumulated which create a health or safety hazard in
or about any dwelling, building, or structure.
(12) "Resident" means any person residing in the jurisdiction
where the property is located on or after the date on which the
alleged nuisance arose.