STATE OF GEORGIA

COUNTY OF

 

ORDINANCE NO.

 

AN ORDINANCE TO AMEND CODE OF COUNTY, GEORGIA, AS AMENDED, SPECIFICALLY CHAPTER 82 “STREETS, SIDEWALKS AND OTHER PUBLIC PLACES”, SO AS TO ADD A NEW ARTICLE ENTITLED “DISPOSSESSORIES” THE PROVISIONS OF WHICH PROVIDE FOR THE INTENT OF THE ORDINANCE, THE PAYMNENT OF A DISPOSSESSORY BOND, AND TERMS AND CONDITIONS UNDER WHICH A CLAIM AGAINST THE BOND WILL BE MADE; TO REPEAL CONFLICTING LAWS, ORDINANCES, AND RESOLUTIONS; TO PROVIDE SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

 

WHEREAS, Georgia law provides the methodology for proceeding against tenants holding over, and under certain circumstances the issuance of writs of possession by the court; and

 

WHEREAS, in many instances dispossessed tenants fail to remove their personalty from the premises, and the Sheriff in executing the writ of possession is asked to remove the personalty to the County’s right-of-way; and

 

WHEREAS, the continuation of personalty on the County’s right-of-way constitutes a traffic hazard, and otherwise is detrimental to the health, safety, and welfare of the traveling public in County.

 

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS

OF COUNTY, GEORGIA AND IT IS HEREBY ORDAINED

 

Section 1. The Code of County, Georgia, as amended, is hereby further amended by adding to Chapter a new Article to be entitled “Dispossessories” to read as follows:

 

Section . The Intent of the Ordinance.

It is the intent of this Ordinance to promote, protect, and improve the health, safety, and welfare of the traveling public in County by providing the means by which personalty of dispossessed tenants will be removed from the County’s right-of-way if otherwise left thereon for an unreasonable period of time.

Section . Dispossessory Bond Required.

Upon the receipt of a writ of possession issued by the court for execution, the Sheriff shall inquire of the landlord, or his agent, if, in addition to placing the landlord in possession of the premises, the landlord desires the personalty of the tenant to be removed to the County’s right-of-way. If the answer is in the affirmative, the Sheriff shall require evidence that the landlord has posted a cash bond with the Department of Finance in the amount of $500.00.

Section . Claim against Dispossessory Bond.

In the event the personalty of a dispossessed tenant remains on the County’s right-of-way for a period of twenty-four (24) hours, the landlord at his own expense shall cause the personalty to be removed from the County’s right-of-way. In the event the landlord fails to remove the personalty within the time prescribed, the County may cause such personalty to be removed to the County landfill, and thereafter assert a claim against the landlord’s bond to the extent of moving and disposal expenses. In the further event the landlord’s bond is not sufficient to cover the expenses associated with the removal and disposal of the personalty, such lien may be claimed against the realty of the landlord, and thereafter foreclosed in the same manner as special liens on real estate by laborers in accordance with applicable Georgia laws.

Section . Additional Remedies.

It is the intent of this Article to provide an additional or supplemental means of obtaining compliance with the removal of personalty of dispossessed tenants from the County’s right-of-way. Nothing contained in this Article shall abrogate the right of tenants to remove their own personalty from the County’s right-of-way, nor the landlord’s right to remove such personalty and thereafter proceed against the tenants for the recovery of expenses incurred therefor, nor of the right of the landlord to recover against the tenants such charges incurred by the landlord as a result of the County’s removal and disposal of the tenants’ personalty.

 

Section 2. All laws, ordinances and resolutions, or parts thereof, which conflict with the provisions of this Ordinance are hereby repealed.

Section 3. If any part of this Ordinance shall be declared unconstitutional by the judgment of any court of competent jurisdiction, such unconstitutionality shall not affect the remainder of this enactment, and such remainder shall remain in full force and effect.

Section 4. This Ordinance shall become effective upon its approval by the Board of Commissioners.

SO ORDAINED, this the ______day of