Chapters:
8.04 Garbage,
Yard Trimmings and Weeds
8.08 Health
and Sanitation Generally
8.12 Nuisances
Generally
8.16 Junk
Motor Vehicles
8.20 Noise
Control
8.24 Unfit
Buildings
8.28 Litter
Control
Article 1
In General
Sections:
8.04.010 Definitions.
8.04.020 Disposal location.
8.04.030 Offense delineated.
8.04.040 Containers to be covered.
8.04.050 Billboard owners responsible for clean condition of sign and environs.
Article 2
Garbage
Sections:
8.04.060 Removal of container cover an offense except when done by authorized person.
8.04.070 Commercial position.
8.04.080 Platform for garbage cans.
8.04.090 Mandatory garbage collection by city—Collection policies and collection fees.
Article 3
Yard Trimmings
Sections:
8.04.100 Placement and disposal.
8.04.110 Sorting and collection.
8.04.120 Building debris excepted from city collection.
Article 4
Weeds and Refuse
Sections:
8.04.130 Keeping premises free from weeds and refuse—Required.
8.04.140 Violation—Notice to responsible persons.
8.04.150 Penalty.
8.04.160 Abatement as nuisance as additional remedy.
8.04.170 Provisions cumulative.
For the purpose of enforcing this chapter any person living on any premise shall be deemed an occupant, and any person receiving the rest in whole or in part of any premises shall be deemed an agent; or any premises where construction of any kind is in progress and where employees or workmen eat their dinner or lunches, in or about said premises; or scatter lunch or food in or about such premises, the contractor or foreman or other person in charge over such workmen shall be deemed an occupant; the person in charge of any market or stall in any market shall be deemed an occupant.
“Commercial wastes” means all types of solid waste generated by stores, offices, restaurants and other non-manufacturing activities, as well as solid waste generated by manufacturing or industrial processes or operations, including without limitation all waste by-products of manufacturing and commercial establishments, cinders, ashes from commercial boilers, card board and wooden boxes, crates and barrels.
“Composting” means the controlled biological decomposition of organic matter into a stable, odor-free humus.
“Garbage” is domestic wastes composed of meat, vegetables and fruit scraps, cans, bottles, paper, cardboard, rags, ashes and other such waste matter normally to be disposed of from residences, churches, schools, small business establishments and similar places.
“Leachate collection system” means a system at a landfill for collection of the leachate which may percolate through the waste into soils surrounding the landfill.
“Municipal solid waste disposal facility” means any facility or location where the final deposition of any amount of solid waste occurs, whether or not mixed with commercial or industrial solid waste.
“Person” means any individual, firm, corporation, association or organization.
“Premises” means land, buildings or other structures, vehicles, or parts thereof, upon or in which refuse is stored.
“Sanitary superintendent” means the sanitary superintendent of the city, or his authorized representative.
“Yard trimmings” means leaves, brush, grass and hedge trimmings, weeds, shrub and tree prunings, tree limbs, discarded Christmas trees, nursery and greenhouse vegetative residuals and vegetative matter resulting from landscaping development and maintenance other than mining, agricultural and silvicultural operations. (Prior code § 11-1)
Every person who disposes of any garbage, trash, commercial wastes, whether required to do so by this chapter or otherwise, shall make such disposal at the city land fill or otherwise as specified by the sanitary department. (Prior code § 11-2)
It is unlawful for any person to pick from or disturb the contents of any garbage container or vessel or other containers provided for in this chapter. (Prior code § 11-3)
Such garbage containers shall be tightly covered at all times except when momentarily opened to receive the garbage or to have contents therefrom removed. (Prior code § 11-4)
The owners of billboards, within the city limits, shall be required to see that all loose papers, bills, or other litter, be promptly removed, thus removing all liability or chance of such loose papers, bills or litter to be blown on the sidewalks or streets. (Prior code § 11-5)
When such garbage container is placed outside of any premises, it is unlawful and a violation of this chapter for any person engaged in the removal of garbage or for any other person to remove the cover from such garbage container except for the purpose of emptying its contents into a duly authorized garbage collector. It is also a violation of this chapter to throw such garbage container on the street or sidewalk, and all persons engaged in the removal of garbage shall, after emptying said container replace said cover tightly on said container. (Prior code § 11-8)
Commercial wastes of a particular person, firm or corporation, which cannot be placed in garbage containers as specified in this chapter and which commercial wastes fill more than four containers at any one time, shall not be collected for disposal by the city garbage trucks, but shall be disposed of by the persons in charge of the establishment where such wastes are created or occur, provided that such disposal shall be in a manner satisfactory to the sanitary superintendent of the city. Such commercial wastes as cardboard boxes or wooden crates shall be flattened and stacked in bundles, which bundles shall be tied. (Prior code § 11-9)
Wherever garbage cans from commercial establishments remain outside, a suitable platform, preferably of concrete, not less than eighteen (18) inches in height must be provided as a base for the garbage cans. (Prior code § 11-10)
A. Mandatory Use of Municipal Garbage Collection Services. All residents of the city, whether residing in an apartment or a single-unit home, and all establishments (including for profit or nonprofit and charitable) with a location of any type within the city, whether holding a business license or not, shall utilize the city’s sanitation department garbage collection services and pay the fees imposed therefor by the mayor and council of the city as hereinafter provided.
B. Garbage Collection Services. The mayor and council shall from time to time by resolution, after concurring with the city manager and the public works superintendent, establish policies and procedures for the city’s garbage collection and sanitation services. The policies and procedures aforesaid may address such items as requiring sufficient garbage containers be provided for each residence and business location and the sizing thereof, and the use of common collection facilities commonly known as “Dempsey Dumpsters” for nonresidential garbage collection.
C. Garbage Collection Fees. The mayor and council shall from time to time by resolution establish a schedule of fees and charges for the city’s garbage collection and sanitation services provided in accordance with the provisions of this section and regulations and resolutions promulgated hereunder. Until such fees are changed by resolution adopted subsequent to the effective date of this section, the schedule of fees and charges shall be as follows:
1. All premises offered residential garbage collection services shall be charged a garbage collection fee per residence of twenty dollars ($20.00) per month; provided, however, that any resident who has filed with the city manager satisfactory proof that the principal resident and head of household of a residence is over sixty-five (65) years of age, the monthly fee for garbage collection services at such location shall be fourteen dollars ($14.00).
2. The monthly charge for garbage collection services for each nonresidential establishment shall be an amount not less than fifteen dollars and eighty-five cents ($15.85) per cubic yard multiplied by the average number of cubic yards generated by the location served each month and in no event shall the monthly garbage collection fee for each nonresidential location be less than twenty-five dollars ($25.00) per month.
D. Billings for Garbage Collection Fees. The charges for garbage collection fees in accordance with the provisions of this section shall be included as a separate cost item on the city’s monthly utility bill to the person or legal entity receiving such services. The failure of any person or legal entity to pay the garbage collection fees properly billed to them shall authorize the city’s refusal to provide future such services to that customer. (Res. dated 4/2/01 §§ 1, 2; prior code § 11-11)
A. Placement. It is unlawful to place or mix yard trimmings with garbage or commercial wastes as defined in Article 1 of this chapter.
B. Disposal. Yard trimmings shall not be disposed at any existing or future municipal solid waste disposal facility having a liner and leachate collection system or requiring vertical expansion with the city. (Prior code § 11-15)
Yard trimmings shall be placed in a separate container(s) from
regular garbage or commercial wastes and placed next to the container(s) for
regular garbage or commercial wastes. Yard trimmings shall be collected by city
dump trucks. Collection shall be made at a time and in a manner prescribed by
the sanitary superintendent, provided that at no times shall yard trimmings be
placed in such a manner as to obstruct gutters, drains, walkways or streets.
Residents are encouraged to reduce the amount of yard trimmings generated by using
such methods as naturalized, low-maintenance landscaping requiring little or no
cutting; grass cycling by mowing it high and letting it lie; stacking branches
into brush piles for use as wildlife habitats and for gradual decomposition
into the soil; home composting; and chipping woody material. (Prior code
§ 11-16)
Any building debris such as plaster, roofing, concrete, brick-bats and other such rubbish resulting from repairs, remodeling or construction of any building on private property will not be removed by the city. The owner of the premises or the contractor, professional landscaper, builder or the person doing the repairs, remodeling or construction shall be required to haul away and dispose of all such debris, including stumps, trees and limbs. (Prior code § 11-17)
For the health, safety and sanitation of the residents of this city, all premises within the city, whether vacant or occupied, shall be kept free and clean of weeds and other like growths, trash, paper, rags, shavings, garbage, rubbish, filth and all other such refuse. Owners of property shall not permit weeds or grass to grow on such property to a height exceeding twelve (12) inches. (Ord. dated 5/21/07 § 1; prior code § 11-19)
If any such property should not be maintained in compliance with the provisions of Section 8.04.130 of this article the city shall notify the persons responsible therefor to bring such property in compliance with the provisions of said Section 8.04.130. Such notice shall be given in writing by first class mail addressed to the last known address of the person or persons to whom the notice is directed. The notice shall state that such property must be brought into compliance with said section within ten (10) days; and for this purpose, notice shall be deemed effective beginning one day after such notice is deposited in a receptacle maintained by the U. S. Post Office Department for the deposit of mail, being sufficient postage and the last known address of the person or persons to whom such notice is directed. (Ord. dated 5/21/07 § 2)
It is unlawful for any person responsible therefor, as provided in Section 8.04.130 of this article, to fail or refuse to clean such property within said ten (10) day period, after having been duly notified by the city to do so, as provided by Section 8.04.140 of this article. Upon conviction of such offense by the Covington Municipal Court, an offender may be punished in accordance with Section 1.12.010 of this code; and for this purpose, each day that such property is allowed to remain in a condition which violates the provision of Section 8.04.130 of this article shall constitute a separate offense punishable as aforesaid. (Ord. dated 5/21/07 § 3: prior code § 11-22)
Any accumulation of weeds or refuse, as described in Section 8.04.130 of this article, on any lot, property, premises, public street or alley or other public or private place not permitted by this chapter is declared to be a nuisance. Failure of the owner, occupant or agent to correct and remove any such accumulation of weeds or refuse after appropriate notice, as provided in Section 8.04.140 of this article, shall raise the presumption that such person intended to violate the provisions of this article and such violation may be treated as a nuisance and prosecuted as provided in Chapter 8.12 of this title. (Ord. dated 5/21/07 § 4)
The provisions of this article are cumulative of all other provisions of this code regarding the maintenance of property in a clean, safe and sanitary condition, and remedies in cases of properties which do not meet the standards prescribed by this code. (Ord. dated 5/21/07 § 5; prior code § 11-24)
Sections:
8.08.010 Decayed matter—Abatement of nuisance in accordance with state law.
8.08.020 Control of hazardous conditions—Preventable diseases and metabolic disorders.
No owner or occupant of any lot within the city shall suffer to remain on his lot any decayed flesh, vegetables or any other thing which would allow the existence of a nuisance on his lot. Such conditions shall be abated in accordance with the provisions of Chapter 8.12 of this code. (Prior code § 12-1)
All elected and appointed city officials and employees shall fully cooperate with the department of human resources and the Newton County board of health in reporting diseases and disorders and hazardous conditions that are subject to regulation in accordance with the provisions of Chapter 12, Title 31, Official Code of Georgia Annotated. (Prior code § 12-2)
Sections:
8.12.010 Nuisance defined.
8.12.020 Specified acts, things, conditions or noises constituting nuisances.
8.12.030 Abatement of nuisances—Procedure.
8.12.040 Order of abatement—Form—Notice.
8.12.050 Notice—Nonresidents.
8.12.060 Failure to abate nuisance—Penalty.
8.12.070 Abatement by city entry on private property.
8.12.080 Costs of abating nuisance—Execution—Levy.
8.12.090 Provisions cumulative.
A nuisance is anything that works hurt, inconvenience, or damage
to those persons who come within its scope of operation or effect, though it
may vary in its effects on individuals; and the fact that the act or thing or
condition complained of may otherwise be lawful shall not keep it from being a
nuisance. The inconvenience herein referred to shall not be fanciful, or such
as would affect only one of fastidious taste, but it shall be such as would
affect an ordinary reasonable person. (Prior code § 13A-1)
In addition, the following are specifically declared to be
nuisances: any building, structure or condition maintained in violation of any
ordinance of this city; any continued act of omission or commission prohibited
by any ordinance of this city; and any loud, unnecessary or unusual noise made
or continued or caused or allowed to be made or continued in violation of any
ordinance of this city. (Prior code § 13A-2)
A. Complaint. Any person having a complaint against any activity, condition or noise which, in such person’s opinion, constitutes a nuisance under the provisions of this chapter, may file such complaint in writing with the clerk of the Covington Municipal Court. Such complaint must clearly describe the activity, condition or noise complained of, state that the complainant verily believes that the activity, condition or noise complained of constitutes a nuisance as defined and specified by this chapter, and state the names and addresses of the persons causing, allowing, permitting or responsible for the activity, condition or noise specified in the complaint.
B. Summons. Thereupon the clerk shall cause a summons to issue directed to the person or persons alleged to be causing, allowing, permitting or responsible for the activity, condition or noise specified in the complaint. The summons shall state the date, time and place of hearing on the complaint before the Covington Municipal Court.
C. Service of Summons and Complaint. Such summons and a copy of the complaint shall be personally served by the Covington police department upon each person therein named who resides in Newton County, and a copy shall be mailed to the complainant, not less than ten days before such complaint is scheduled to be heard. If a person named in the complaint resides outside of Newton county service of the complaint and summons may be perfected in the manner provided for such cases in O.C.G.A. Section 9-11-4. In all such cases an appropriate proof of service shall be made to the Covington Municipal Court as provided by O.C.G.A. Section 9-11-4.
D. Hearing. At the
hearing on such complaint before the municipal court of the city, the complainant
and the person or persons named in the summons may appear in person or by their
attorneys. The complainant shall present evidence supporting the complaint, and
the respondent or respondents named in the summons shall present any defense to
such complaint. The rules of evidence applicable in the state courts of this
state shall be applicable at such hearing.
E. Action After Hearing. At the conclusion of such hearing, if the judge finds that the activity, condition or noise complained of does not constitute a nuisance as defined by this chapter, the complaint shall be dismissed. On the other hand, if the judge finds that the activity, condition or noise complained of does constitute a nuisance as defined by this chapter, the judge shall order the person or persons found to be causing, allowing, permitting or responsible for the nuisance to abate the same within a specified number of days, but not less than ten (10) days. (Ord. dated 5/21/07 §§ 6—9, 10 (part); prior code § 13A-3)
In all cases in which the judge finds that a nuisance does exist, the order of abatement shall be in writing, directed to the person or persons found to be causing, allowing, permitting or responsible for the same. Such order shall clearly define the activity, condition or noise constituting the nuisance, and shall specify the number of days within which the same must be abated. Such order shall further state that if the nuisance is not abated by the time specified, the city may abate the same at the expense of such person or persons, and that such person or persons, if convicted, may be punished as provided by this chapter. (Ord. dated 5/21/07 § 10 (part); prior code § 13A-4)
In all cases in which the judge issues an order of abatement, a copy of the same shall be served on all the parties to the proceeding, both complainants and respondents. Such service shall be made personally or by mail. In the case of non-resident respondents, service shall be by mail addressed to the last known address of the person or persons to whom the order is directed; and in such cases, service shall be deemed effective beginning one day after such order is deposited in a receptacle maintained by the U.S. Post Office Department for the deposit of mail, bearing sufficient postage and the last known address of the person or persons to whom such order is directed. (Ord. dated 5/21/07 § 10 (part); prior code § 13A-5)
It shall be unlawful for any person to wilfully fail or refuse to abate a nuisance, after having been ordered to do so by the judge. Upon conviction of such offense by the recorder’s court, the offender may be punished as provided by Section 1.12.101 of this code; and for this purpose, each day that such person wilfully fails or refuses to comply with, such order of abatement shall constitute a separate offense. (Ord. dated 5/21/07 §§ 10 (part), 11; prior code § 13A-6)
In any case in which any person shall fail or refuse to comply with an order of abatement, the city may, at the expense of such person, abate the nuisance described in the order. The abatement shall in all such cases be appropriate to the nuisance. If the nuisance is a condition, the condition shall be rectified by appropriate action. If the nuisance is a noise or other activity of animal or fowl, the animal or fowl constituting such nuisance may be impounded or destroyed. If the nuisance is the erection or use of a building or structure, such building or structure may be padlocked, removed or demolished. And for these purposes, the city may, in all such cases, enter upon private property, when necessary, to abate such nuisances. The provisions of this section, however, shall be cumulative of, and not exclusive of, the provisions of the immediately preceding section, so that the city may abate the nuisance complained of and also punish the offender, if convicted, as provided in Section 8.12.060. (Prior code § 13A-7)
In all such cases in which a property owner shall fail or refuse to comply with an order of the judge to abate a nuisance on such property, and such nuisance is abated by the city as hereinabove provided, the expenses of such abatement shall be charged to such property owner. The city clerk shall in such cases issue execution in the name of the city and against such property owner in the amount of such expenses, which execution shall issue and be levied in the same manner as provided in Title 48, O.C.G.A. the collection of ad valorem taxes. Such execution shall constitute a lien against such property and all other property of such property owner. Such property owner shall have the right to contest such execution, or the amount thereof, or the levy thereof, in the same manner as provided by the laws of this state governing illegalities and claims where executions are levied. (Ord. dated 5/21/07 §§ 10 (part), 12; prior code § 13A-8)
The provisions of this chapter are cumulative of all other provisions of this code, whether heretofore or hereafter enacted, regarding nuisances and the abatement thereof. (Prior code § 13A-9)
Sections:
8.16.010 Abatement of junk motor vehicles on private property.
As used herein, a “junk motor vehicle” shall be any motor vehicle which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded so that same could not be used on public roadways. It is unlawful for the owner or occupant of any premises to park any junk motor vehicle or permit any other person to park any inoperable vehicle on the owner’s or occupant’s premises unless the inoperable vehicle is parked in an enclosed structure or parked in the rear yard and fully covered so that no part of the vehicle is visible, nor shall such owner store outdoors or permit the outdoor storage of vehicle parts. This section shall not apply to premises where the applicable zoning allows for the storage of inoperable vehicles and vehicle parts awaiting repair. The violation of any provision of this section shall be punishable according to Section 1.12.010 of the city code. (Ord. dated 5/21/07 § 13)
Sections:
8.20.010 Scope.
8.20.020 Definitions.
8.20.030 Excessive noise prohibited.
8.20.040 Maximum permissible sound levels.
8.20.050 Exemptions.
8.20.060 Specific prohibitions.
8.20.070 Motor vehicles.
8.20.080 Special permits.
8.20.090 Enforcement responsibility.
8.20.100 Penalties.
8.20.110 Cooperation of city departments.
The provisions of this chapter shall apply to the control of all sound originating within the geographical limits of the city and outside the city limits, within all territory to which the jurisdiction of the city extends. (Prior code § 14A-1)
For the purpose of this chapter, the following definitions shall apply:
“A-weighted sound pressure level” means the sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is DB(A) or dBA.
“Alarm” means any fire, burglary, motor vehicle or civil defense alarm, whistle or similar stationary emergency signaling device.
“Commercial area” means an area within the CBD, CC or H-C use districts established under the city’s zoning ordinance Title 16 of the code.
“Construction” means any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, for or of public or private rights-of-way, structures, utilities or similar property.
“Emergency” means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
“Emergency vehicle” means a motor vehicle belonging to a fire department or certified private vehicle belonging to a volunteer fireman or firefighting association, partnership or corporation, an ambulance, a motor vehicle belonging to a private security agency or a motor vehicle belonging to a federal, state, county or municipal law enforcement agency; provided said vehicles are in use as an emergency vehicle by one authorized to use said vehicle for that purpose.
“Emergency work” means any work for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
“Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating, which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
“Industrial area” means an area within the M-1 use district established under the city’s zoning ordinance (Title 16 of the code).
“Land use category” means the classification of an area such as residential, multifamily dwelling, convention, commercial, industrial, noise-sensitive area or public space, according to its use. Any area not otherwise classified shall be considered a commercial area. In case of multiple use, the more restrictive use category shall apply.
“Motor vehicle” means a vehicle with two or more wheels, or a machine, propelled or drawn by mechanical power and used on the public roads and highways in the transportation of passengers and property, or any combination thereof, but does not include any vehicle, locomotive or car operated exclusively on rail or rails.
“Multifamily dwelling,” means building or other shelter that has been divided into separate units to house more than one family.
“Noise-sensitive area” means an area where a school, hospital, nursing home, church, court or public library is located.
“Person” means any individual, association, partnership or corporation and includes any officer, employee, department, agency or instrumentality of the United States.
“Powered model vehicle” means any self-propelled airborne, waterborne or land borne plane, vessel, or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.
“Public right-of-way,” means any street, avenue, boulevard, highway, sidewalk, alley or similar place normally accessible to the public which is owned or controlled by a governmental entity.
“Public space” means any real property or structures thereon owned by a governmental entity and normally accessible to the public, including, but not limited to, parks and other public recreational areas.
“Real property line” means a line along the surface and its vertical plane extension which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intrabuilding real property division.
“Residential area” means an area within the R-1, R-2, R-3, R-4, MHP, R-P, and S-P use districts established under the city’s zoning ordinance (Title 16 of the code).
“Sound level” means the A-weighted sound pressure obtained by use of a sound level meter as specified in American National Standards Institute specifications for sound level meters (ANSI SI.41971, as amended).
All terminology used herein and not defined shall be in conformance with applicable publications of the American National Standards Institute (ANSI). (Prior code § 14A-2)
No person shall make, continue or cause to be made or continued any loud, unnecessary or excessive noise which unreasonably interferes with the comfort and repose of others within the jurisdiction of the city. (Prior code § 14A-3)
It is unlawful, except as expressly permitted herein, to make, cause or allow the making of any noise or sound which violates the provisions of this chapter.
A. No person shall operate or cause to be operated any source of sound from any location in such a manner as to create a sound level which exceeds the limits set forth in Table 8.20.040 for the receiving land use category during more than ten (10) percent of any measurement period, which period shall not be less than ten (10) minutes when measured at or beyond the property boundary of the land use category from which the sound emanates; provided, however, that in the case of a multifamily dwelling land use category, the sound level shall be measured within an adjacent intrabuilding dwelling.
B. For any source of sound, the sound level shall not exceed the maximum permissible sound level limit set forth in Table 8.20.040 by 15dB(A) for all land use categories.
C. Sound level measurement shall be made with a sound level meter using the A-weighting scale in accordance with the standards promulgated by the American National Standards Institute (ANSI).
Table 8.20.040
Maximum Permissible Sound Levels
By Receiving Land Use Category
|
Land Use Category |
Times |
Sounds Level Level
(dB(A)) |
|
Residential,
noise-sensitive area, public space |
7:00 a.m.—10:00 p.m. 10:00 p.m.—7:00 a.m. |
60 55 |
|
Multifamily dwelling |
7:00 a.m.—10:00 p.m. 10:00 p.m.—7:00 a.m. |
50 45 |
|
Commercial |
7:00 a.m.—10:00 p.m. 10:00 p.m.—7:00 a.m. |
65 60 |
|
Industrial |
At all times |
75 |
(Prior code § 14A-4)
The following are exempt from the sound level limits of Table 8.20.040 of Section 8.20.040:
A. Domestic power tools, lawn mowers and agricultural equipment, when operated with a muffler.
B. Noises resulting from any authorized emergency vehicles when responding to an emergency.
C. Noises resulting from the operation of the Covington Municipal Airport.
D. Noises made by persons having obtained a parade, fair, concert or other permit from the city.
E. Any noise resulting from activities of a temporary duration, for which a special permit has been granted pursuant to this chapter, and which conforms to the conditions and limits stated thereon.
F. Noises from church bells and chimes.
G. Noises from construction activity are exempt from Table 8.20.040 of Section 8.20.040 except that the industrial sound level limit shall apply in all land use categories. (Prior code § 14A-5)
In addition to the general prohibitions set out above, the following specific acts are declared to be in violation of this chapter:
A. Horns, Signaling Devices. The sounding of any horn or signaling device on any motor vehicle or any street or public place in the city continuously and/or incessantly for a period in excess of sixty (60) seconds, except as a danger warning.
B. Radios, Television, Musical Instruments and Similar Devices.
1. The operating or playing of any radio, musical instrument or similar device which produces or reproduces sound on the public rights-of-way in such a manner as to be plainly audible to any person other than the operator of the device.
2. The operating or playing of any radio, television, phonograph, musical instrument or similar device which produces or reproduces sound in a motor vehicle or public park in a manner as to be plainly audible at a distance of fifteen (15) meters (fifty (50) feet).
3. The operating or playing of any radio, television, phonograph, musical instrument or similar device which produces or reproduces sound in such a manner as to exceed the levels set forth in Table 8.20.040 for the land use category.
C. Loudspeakers and Sound Amplifiers. The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device within or adjacent to residential or noise-sensitive areas such that the sound therefrom is plainly audible across the real property line of the source; provided, however, that this shall not apply to any public performance, gathering or parade for which a permit has been obtained from the city.
D. Street Sales. The offering for sale by shouting or outcry within any residential, commercial or noise-sensitive area, except by permit issued by the city.
E. Animals. The owning, possessing or harboring of any animal which frequently, or for continued duration, howls, barks, meows, squawks or makes other sounds which create excessive and unnecessary noise across a residential or commercial real property line or within a noise-sensitive area. For the purpose of this chapter, “barking dog” shall mean a dog that barks, bays, cries, howls or makes any other noise continually and/or incessantly for a period of ten (10) minutes, or barks intermittently for one-half hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property; provided, however, that a dog shall not be deemed a “barking dog” if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated.
F. Powered Model Vehicles. The operating of, or permitting the operation of, powered model vehicles in such a manner as to exceed the levels set for public space land use, measured at a distance of not closer than thirty (30) meters (one hundred (100) feet) from the operator.
G. Emergency Signaling Devices.
1. Except in case of an emergency or training, the intentional sounding of any alarm.
2. The testing of any alarm for a period in excess of sixty (60) seconds at any time.
3. The testing of a complete emergency signaling system, including the signaling device and the personnel response to the signaling device, more than once in each calendar month, and the sounding of said emergency signaling system for a period in excess of fifteen (15) minutes. (Prior code § 14A-6)
A. Maximum Sound Levels. No person shall operate a motor vehicle at any time in such a manner as to exceed the sound level limits for the category of motor vehicle shown in Table 8.20.070. The sound level shall be measured at a distance of at least seven and five-tenths meters (twenty-five (25) feet) from the near side of the nearest lane(s) being monitored and at a height of at least four feet above the immediately surrounding surface. This section shall apply to the total noise from a vehicle.
Table 8.20.070
Maximum Permissible Sound
Levels for Motor Vehicles
|
|
Sound Level Limit |
|
|
Applies to All Land Use
Category |
Speed Limit 35 MPH or
Less |
Speed Limit Over 35 MPH |
|
Motor vehicle with
manufacturer’s gross vehicle weight rating (GVWR) or gross combination weight
rating (GCWR) of 10,000 pounds or more, or any combination of vehicles towed
by such motor vehicle |
91 |
95 |
|
Any other motor vehicle or
any combination of vehicles towed by any motor vehicle |
78 |
78 |
B. Adequate mufflers or sound dissipative devices. No person shall operate of cause to be operated any motor vehicle or motorcycle not equipped with a muffler in good working order and in constant operation. No person shall remove or render inoperative or cause to be removed or rendered inoperative any muffler or sound-dissipative device on a motor vehicle or motorcycle other than for purposes of maintenance, repair or replacement. (Prior code § 14A-7)
A. Any person desiring relief from any provision of this chapter shall apply for a special permit to cause or create a noise at sound levels which would otherwise be in violation of this chapter. Applications for a special permit shall be made in writing to the city council, or the designee of the city council, on forms provided for that purpose. Payment of a fee of twenty-five dollars ($25.00) shall accompany the application. The council or designee shall grant said special permit upon a showing by the applicant that:
1. Additional time is necessary for the applicant to alter or modify the activity in order to comply with the provisions of this chapter;
2. The activity, operation or noise source will be of a temporary duration and cannot be done in a manner that would comply with the provisions of this chapter; and
3. No reasonable alternative is available to the applicant.
B. Any permit granted pursuant to this section shall contain thereon all conditions upon which said permit has been granted, including, but not limited to, the effective date, time of day, location, sound level limit or equipment limitation; provided, however, that no special permit shall be issued for a period in excess of fifteen (15) consecutive days. Any special permit hereunder may be renewed upon a showing that the reasons for which the permit was granted still exist. (Prior code § 14A-8)
The Covington police department shall be responsible for the enforcement of the provisions of this chapter; provided, however, that the building official shall be responsible for the issuing of special permits and the enforcement of the conditions stated thereon. (Prior code § 14A-9)
Any person who violates any provision of this chapter shall be punished in accordance with the provisions of section of this code; provided, however, that in the case of a violation involving a motor vehicle, the person charged with a violation may be granted a period of fifteen (15) days in which to correct the source of the sound. (Prior code § 14A-10)
All city departments and agencies shall, to the fullest extent consistent with their authority, carry out their programs in such a manner as to further the policy of this chapter. (Prior code § 14A-11)
Sections:
8.24.010 Statement of purpose.
8.24.020 Definitions.
8.24.030 Designation of public officer.
8.24.040 Procedure for remediation of unfit dwellings, buildings or structures.
8.24.041 Lien for abatement costs.
8.24.050 Criteria for determining unfit buildings or structures.
8.24.060 Powers of the public officer.
8.24.070 Service of complaints or orders upon interested parties.
8.24.080 Inspection warrant procedure.
8.24.090 Conflicts with other ordinances.
A. The mayor and council of the city find that there exist in the city dwellings, buildings or structures which are unfit for human habitation or for commercial, industrial or business uses due to dilapidation and defects increasing the hazards of fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities; or other conditions rendering such dwellings, buildings or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety or welfare or otherwise inimical to the welfare of the residents of the city; or vacant, dilapidated dwellings, buildings or structures in which drug crimes are being committed, and that it is accordingly appropriate for the city to exercise its police power to repair, close or demolish the aforesaid dwellings, buildings or structures in the manner provided in Section 41-2-7 and Sections 41-2-8 through 41-2-17, O.C.G.A.
B. All the provisions of this chapter including method and procedure, may also be applied to private property where an accumulation of weeds, trash, junk, filth and other unsafe or unsanitary conditions shall create a public health hazard or general nuisance to those persons residing in the vicinity. A finding by the building inspector that such property is a health or safety hazard shall constitute prima facie evidence that such property is in violation of this chapter. (Prior code § 12-120)
As used in this chapter the term:
“Applicable codes” means and includes all municipal code provisions and/or regulations or standards promulgated hereunder, or general nuisance law, relative to the safe use of real property, including without limitation fire or life safety codes, and minimum standard building or housing codes.
“Closing” means causing a dwelling, building or structure to be vacated and secured against unauthorized entry.
“Drug crime” means an act which is a violation of Article 2 of Chapter 13 of Title 16, Official Code of Georgia Annotated, known as the “Georgia Controlled Substance Act.”
“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 and appurtenances belonging thereto or usually enjoyed therewith.
“Interested party” means:
1. Owner;
2. Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia;
3. Those parties having filed a notice in accordance with O.C.G.A. Section 48-3-9; or
4. Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the city or records maintained in the Newton County public records. “Interested party” shall not include the holder of the benefit or burden of any easement or right-of-way whose interest is properly recorded, which interest shall remain unaffected; and
5. Persons in possession of said property and premises.
“Owner” means the holder of the title in fee simple and every mortagee of record.
“Public authority” means any officer who is in charge of any department or branch of the city relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the city.
“Repair” means altering or improving a dwelling, building or structure so as to bring such structure into compliance with applicable city codes, and the cleaning or removal of debris, trash and other materials which create a health or safety hazard in or about any dwelling, building or structure.
“Resident” means any person residing within the corporate limits of the city on or before the date on which an alleged nuisance arose. (Ord. dated 8/17/04 §§ 1—4; prior code § 12-121)
The judge of the municipal court of the city shall exercise the powers prescribed by this chapter and is hereinafter referred to as the “public officer.” (Prior code § 12-122)
A. It is the duty of the owner of every dwelling, building, structure, or property with the city to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the city or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances.
B. Whenever a request is filed with the public officer by a public authority or by at least five residents of the city charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer shall cause an investigation or inspection of the specific dwelling, building, structure, or property to be made by the city. If the city’s investigation or inspection identifies that any dwelling, building, structure or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the city may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or public nuisance exists and shall cause summons and a copy of the complaint to be served on the property owner as listed in the official records of the Newton County Tax Assessors Office for such dwelling, building, or structure. The complaint shall identify the subject real property by appropriate street address and official tax map reference; state with particularity the factual basis for the action; and contain a statement of the action sought by the city to abate the alleged nuisance. The summons shall notify the owner that a hearing will be held before the public officer at a date and time certain and at the municipal courtroom of the city. Such hearing shall be held not less than fifteen (15) days nor more than forty-five (45) days after the filing of said complaint in municipal court. The owner shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing.
C. If, after such notice and hearing, the public officer determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the interested parties that have answered the complaint or appeared at the hearing an order:
1. To repair, alter, or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or
2. To demolish and remove such dwelling, building, or structure and all debris from the property.
D. If the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence immediately after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by an injunction issued pursuant to O.C.G.A. Section 41-2-13 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the time by which such abatement action must commence. The public officer shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words:
“This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful.”
(Ord. dated 5/21/07 § 14; Ord. dated 8/17/04 § 5)
The amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the county tax commissioner and all other costs necessarily associated with an abatement action under this chapter, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. Such lien shall be perfected and enforced as provided in O.C.G.A. Section 41-2-9(b). (Ord. dated 8/17/04 § 6)
A. The public officer may determine that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of the city. Such conditions may include the following (without limiting the generality of the foregoing):
1. Defects therein increasing the hazards of fire, accidents, or other calamities;
2. Lack of adequate ventilation, light, or sanitary facilities;
3. Dilapidation;
4. Disrepair;
5. Structural defects; and
6. Uncleanliness.
B. The public officer may determine that a dwelling, building or structure is vacant, dilapidated and being used in connection with the commission of drug crimes upon personal observation or report of a law enforcement agency and evidence of drug crimes being committed. (Prior code § 12-124)
The public officer is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose of this chapter, including without limitation the following powers in addition to others expressly granted in this chapter:
A. To investigate the dwelling conditions in the city in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial, industrial, or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes;
B. To administer oaths and affirmations, to examine witnesses, and to receive evidence;
C. To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
D. With the prior approval of the mayor and council, to appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter;
E. To delegate any of his functions and powers under this chapter to such officers, agents employees as he may designate.
F. To obtain inspection warrants as hereinafter provided in Section 8.24.080 of this chapter. (Ord. dated 3/6/00; prior code § 12-125)
A. At least fourteen (14) days prior to the date of the hearing pursuant to Section 8.24.040(B) of this chapter, the public officer shall cause copies of the complaint to be mailed by first class mail by depositing in a receptacle maintained by the U. S. Post Office Department for the deposit of mail, bearing sufficient postage and the last known address of the person or persons to whom such notice is directed. Copies of the complaint shall also be mailed by first class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property at least fourteen (14) days prior to the date of the hearing.
B. For interested parties whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriff’s advertisements appear in Newton County once a week for two consecutive weeks prior to the hearing.
C. A notice of lis pendens shall be filed in the office of the clerk of Newton Superior Court. Such notice shall have the same force and effect as other lis pendens notices provided by law.
D. Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this section on any interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings.
E. Nonresidents of Georgia, whose mailing address is known, shall be served by first class mail by depositing the notice in a receptacle maintained by the U. S. Post Office Department for the deposit of mail, bearing sufficient postage and the last known address of the person or persons to whom such notice is directed at least fourteen (14) days prior to the date of the hearing. For nonresidents whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriff’s advertisements appear in Newton County once a week for two consecutive weeks prior to the hearing.
F. In the event either any interested party is a minor, an estate, an incompetent person, or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside Newton County or is a nonresident of Georgia, he or she shall be served as provided for in subsection E of this section. If such interested party has no guardian or personal representative, service shall be perfected by serving the judge of the probate court of Newton County at least thirty (30) days prior to the date of the hearing, which judge shall stand in the place of and protect the rights of such minor, estate, or incompetent person or appoint a guardian ad litem for such person.
G. In the event of unknown persons or unborn remaindermen who are likely to have any rights in the property or interest or the proceeds thereof, the judge of the probate court of Newton County shall be personally served at least thirty (30) days prior to the date of the hearing, and it shall be the duty of the said judge to stand in the place of and protect the rights of such unknown parties or unborn remaindermen.
H. In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence or if any owner or party in interest cannot, after due diligence, be served as provided in this section, the public officer shall make an affidavit to that effect and serve by publication in the manner provided in subsection C of this section, and such publication shall be sufficient proof that service was perfected. (Ord. dated 5/21/07 § 15; Ord. dated 8/17/04 § 7)
Whenever it is necessary for the housing inspector to obtain an inspection warrant, the following procedure shall be employed.
A. The housing inspector or any person authorized to make inspections for the city shall make application to a judge of the municipal court of the city.
B. An inspection warrant shall be issued only for good cause shown and when supported by an affidavit particularly describing the place, dwelling, structure, or premises to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure or premises, or if there is reason to believe that a condition exists with respect to the particular place, dwelling, structure or premises rendering the same unfit as set forth in Section 8.24.010 of this chapter.
C. An inspection warrant shall be effective for the time specified therein, but not for a period of more than ten days next following the date of issuance, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, shall be void.
D. A resident inspection pursuant to an inspection warrant shall be made between eight a.m. and six p.m. of any weekday. Inspections of nonresidential premises shall be made at any time during operating or regular business hours. An inspection shall not be performed in the absence of an owner or occupant of the particular place, dwelling, structure or premises unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of the existence of a condition described in Section 8.24.050 of this chapter, which, if such condition existed, would be an immediate threat to health or safety of persons occupying or proximately affected by such place, dwelling, structure or premises.
E. The wi