2020 Georgia Code
Title 41 - Nuisances
Chapter 2 - Abatement of Nuisances Generally
- § 41-2-1. Authorization and Procedure for Abatement of Nuisances Generally
- § 41-2-2. Filing of Complaint to Abate Public Nuisance
- § 41-2-3. Filing of Petition to Abate Private Nuisance
- § 41-2-4. Issuance of Injunction Where Nuisance About to Be Erected or Commenced Likely to Result in Irreparable Damage
- § 41-2-5. Authorization and Procedure for Abatement of Nuisances in Cities and Unincorporated Areas of Counties
- § 41-2-6. Notice of Meeting to Determine Question of Abatement
- § 41-2-7. Power of Counties and Municipalities to Repair, Close, or Demolish Unfit Buildings or Structures; Health Hazards on Private Property; Properties Affected
- § 41-2-8. Definitions for Use in Code Sections 41-2-7 Through 41-2-17
- § 41-2-9. County or Municipal Ordinances Relating to Unfit Buildings or Structures
- § 41-2-10. Determination by Public Officer That Dwelling, Building, or Structure Is Unfit or Vacant, Dilapidated, and Being Used in Connection With the Commission of Drug Crimes
- § 41-2-11. Powers of Public Officers in Regard to Unfit Buildings or Structures
- § 41-2-12. Service of Complaints or Orders Upon Parties in Interest and Owners of Unfit Buildings or Structures
- § 41-2-13. Injunctions Against Order to Repair, Close, or Demolish Unfit Buildings or Structures
- § 41-2-14. Taking of Unfit Buildings or Structures by Eminent Domain; Police Power
- § 41-2-15. Authority to Use Revenues, Grants, and Donations to Repair, Close, or Demolish Unfit Buildings or Structures
- § 41-2-16. Construction of Code Sections 41-2-7 Through 41-2-17 With County or Municipal Local Enabling Act, Charter, and Other Laws, Ordinances, and Regulations
- § 41-2-17. Prior Ordinances Relating to Repair, Closing, or Demolition of Unfit Buildings or Structures
- Abatement of nuisances relating to manufacture, sale, and other activities concerning of distilled spirits in dry counties and municipalities, § 3-10-8.
Institution of action for injunction, mandamus, to prevent, correct, or abate violation or threatened violation of county building, electrical, and other codes, § 36-13-10.
JUDICIAL DECISIONS
This chapter furnishes a summary remedy for the abatement of nuisances, public or private, and such remedy should be resorted to unless the facts make it inadequate. Powell v. Foster, 59 Ga. 790 (1877); Broomhead v. Grant, 83 Ga. 451, 10 S.E. 116 (1889); Hendricks v. Jackson, 143 Ga. 106, 84 S.E. 440 (1915); Simmons v. Lindsay, 144 Ga. 845, 88 S.E. 199 (1916).
Procedure provided for in this chapter is the proper remedy when the sole relief sought by the plaintiff is the removal of obstructions in a public alley or street placed there by the defendant. Barnes v. Cheek, 84 Ga. App. 653, 67 S.E.2d 145 (1951).
Necessity of actual existence of nuisance.
- This chapter was not intended to afford a remedy against that which is not an actually existing nuisance, as distinguished from that which may or probably will become such. The statutory language seems to admit of no other construction. Fairview Cem. Co. v. Wood, 36 Ga. App. 709, 138 S.E. 88 (1927).
Cited in Haney v. Sheppard, 207 Ga. 158, 60 S.E.2d 453 (1950); Atkinson v. Drake, 212 Ga. 558, 93 S.E.2d 702 (1956); Speight v. Slaton, 415 U.S. 333, 94 S. Ct. 1098, 39 L. Ed. 2d 367 (1974); 660 Lindbergh, Inc. v. City of Atlanta, 492 F. Supp. 511 (N.D. Ga. 1980).
RESEARCH REFERENCES
ALR.
- When statute of limitations begins to run as to cause of action for nuisance based on air pollution, 19 A.L.R.4th 456.
