City of Atlanta
Georgia

Ordinance
14-O-1542

AN ORDINANCE BY PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO USE INMATES TO EFFECTUATE ORDERS OF THE IN REM REVIEW BOARD OR ATLANTA MUNICIPAL COURT TO CLEAN AND CLOSE STRUCTURES ON PRIVATE PROPERTY WHEN THE PROPERTY OWNER FAILS TO DO SO; TO REQUIRE THAT THE COST OF SUCH WORK BE CHARGED TO THE PROPERTY OWNER AND IF NECESSARY LIENED AGAINST THE PROPERTY; TO CODIFY SUCH AUTHORIZATION AS CITY CODE OF ORDINANCES SECTION 98-166; AND FOR OTHER PURPOSES.

Information

Department:CorrectionsSponsors:
Category:Public Safety\Legal AdministrationFunctions:Law - Amber Robinson

Attachments

  1. Printout
  2. cycle 19-corrections
  3. 14o1542

Body

AN ORDINANCE

BY PUBLIC SAFETY/LEGAL ADMINISTRATION COMMITTEE

 

AN ORDINANCE TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO USE INMATES TO EFFECTUATE ORDERS OF THE IN REM REVIEW BOARD OR ATLANTA MUNICIPAL COURT TO CLEAN AND CLOSE STRUCTURES ON PRIVATE PROPERTY WHEN THE PROPERTY OWNER FAILS TO DO SO; TO REQUIRE THAT THE COST OF SUCH WORK BE CHARGED TO THE PROPERTY OWNER AND IF NECESSARY LIENED AGAINST THE PROPERTY; TO CODIFY SUCH AUTHORIZATION AS CITY CODE OF ORDINANCES SECTION 98-166; AND FOR OTHER PURPOSES.

 

WHEREAS, there exists single-family residences in an open and vacant status throughout the city, and particularly in concentrated areas that have been ordered cleaned and closed (i.e. boarding) by the City of Atlanta In Rem Review Board (“Board”) or the Atlanta Municipal Court (“Court”); and

 

WHEREAS, when property owners fail to effectuate such cleaning and closing within the time specified by the Board or Court, the City is authorized to carry out such orders; and

 

WHEREAS, currently, Code Enforcement, through procured contractors, carries out such orders at great public expense; and

 

WHEREAS, due to cost and the current backlog of structures ordered cleaned and closed but not yet complied, the City, though its Department of Corrections, has deployed municipal inmates to clean and close on a pilot basis to clean and close ten single-family structures (“pilot program”); and

 

WHEREAS, the pilot program has proved successful and the Mayor and City Council find it in the public health, safety and welfare to authorize such program on a permanent basis, as needed, and to codify such authorization in the City Code; and

 

WHEREAS, the City Council finds that the City will receive a substantial public benefit by use of municipal inmates to effectuate the cleaning, both exterior and interior, and closing of residential structures; and


WHEREAS, the substantial benefit includes the remedy of the deleterious effect open and vacant residential structures has on streets, neighborhoods, and communities; and

 

WHEREAS, this deleterious effect includes drugs, crime, prostitution, ill health, insect and vermin infestation, loss of community morale, substantial reduction in property values, loss of private investment/lending, increased code enforcement resources, blight, to name a few; and

WHEREAS, the City Council finds that this substantial public benefit will far outweigh the private benefit to the private property owner whose property is cleaned and closed at taxpayer expense, both direct and indirect; and

WHEREAS, in addition to the remedying of this deleterious effect, the City will not use inmates free of charge to the private property, but will aggressively seek re-payment of all costs, direct and indirect, from the property owner, and if necessary lien of the property in order to recover costs expended by the City and safeguard taxpayer funds.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:

Section 1: Atlanta City Code Section 98-166, currently reserved, is amended such that hereafter it shall read as follows:

Section 98-166. Use of Inmates on Private Property

The Chief of Corrections may use inmates to carry out orders of the in rem review board or Atlanta Municipal Court to clean and close structures on private property when the property owner fails to do so within the time ordered by the board or court, as the case may be. Use of inmates is conditioned on the following:

(a)   The Director of Code Enforcement requests from the Chief of Corrections use of inmates;

(b)   The inmates are under the watchful oversight of appropriate Corrections personnel;

(c)   The public is notified of the use of inmates by the posting of a sign at the property; and

(d)   Within 15 days of completion of the order, the Chief of Corrections, in consultation with the Director of Code Enforcement and the Chief Financial Officer, remit a bill to the property owner, by certified mail, for the work completed. Such bill shall notify the owner that if payment is not made within 15 days of receipt of such bill, that the Chief Financial Officer shall cause a lien to be filed against the property in the county records for the amount of bill plus, filing and mailing costs, plus 10% interest per annum.

(e)   All funds collected shall be placed in the general fund.

Section 2: All ordinances or parts of ordinances in conflict are hereby repealed to the extent of any conflict.

1

 

Meeting History

Oct 28, 2014 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
Nov 3, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:REFERRED TO COMMITTEE [14 TO 0]
AYES:Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A. Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce Sheperd
AWAY:Michael Julian Bond
Nov 10, 2014 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
AYES:Clarence "C. T." Martin, Keisha Lance Bottoms, Yolanda Adrean, Michael Julian Bond, Kwanza Hall, Mary Norwood, Cleta Winslow
Nov 17, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

RESULT:ADOPTED [11 TO 0]
AYES:Mary Norwood, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Keisha Lance Bottoms
ABSENT:Andre Dickens, Felicia A. Moore, Joyce Sheperd
AWAY:Michael Julian Bond