2021 Georgia Code
Title 41 - Nuisances
Chapter 1 - General Provisions
§ 41-1-6. Erection or Continuance of Nuisance After Notice to Abate
Any person who shall erect or continue after notice to abate a nuisance which tends to annoy the community, injure the health of the citizens in general, or corrupt the public morals shall be guilty of a misdemeanor.
(Laws 1833, Cobb's 1851 Digest, p. 817; Code 1863, § 4437; Code 1868, § 4478; Code 1873, § 4562; Code 1882, § 4562; Penal Code 1895, § 641; Penal Code 1910, § 681; Code 1933, § 72-9901.)
Cross references.- Offenses against public health and morals generally, T. 16, C. 12.
JUDICIAL DECISIONS
City criminal court empowered to abate nuisances.
- Fact that the General Assembly made the continuation of a nuisance after notice to abate a misdemeanor, does not preclude the criminal court of Cordele's power to abate nuisances pursuant to the legislative authorization in O.C.G.A. § 41-2-5, and its power to enforce the court's judgments by contempt pursuant to the legislative authorization in the city charter. Horne v. City of Cordele, 254 Ga. 346, 329 S.E.2d 134 (1985).
Cited in Vason v. City of Augusta, 38 Ga. 542 (1868); City of Atlanta v. Pazol, 95 Ga. App. 598, 98 S.E.2d 216 (1957).
OPINIONS OF THE ATTORNEY GENERAL
Substandard buildings in town or city.
- If substandard buildings in a town or city were alleged to be a nuisance, this may be determined in accordance with former Code 1933, § 72-401 (see now O.C.G.A. § 41-2-5); this determination must be made subject to the due process provisions of the state and federal Constitutions; if a nuisance was found to exist, the court could order the nuisance's abatement; if the property owner failed to abate the nuisance, the owner may be bound over to a court having jurisdiction of misdemeanors; the municipality cannot itself demolish the offending buildings unless the municipality condemns the property and compensates the owner. 1970 Op. Att'y Gen. No. U70-229.
RESEARCH REFERENCES
Am. Jur. 2d.
- 58 Am. Jur. 2d, Nuisances, §§ 191, 192, 300, 301.
C.J.S.- 66 C.J.S., Nuisances, §§ 118-120, 200 et seq.
ALR.- Statutes, ordinances, or regulations relating to private residential swimming pools, 92 A.L.R.2d 1283.
Gasoline or other fuel storage tanks as nuisance, 50 A.L.R.3d 209.
Exhibition of obscene motion pictures as nuisance, 50 A.L.R.3d 969.
