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 Powder Springs
 Code of Ordinances
 Chapter 21. NUISANCES
 Article III. VACANT PROPERTY REGISTRATION

  § 21-32. Definitions.  

Latest version.

  • The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Agent means an individual with a place of business in this state at which he or she is authorized to accept inquiries, notices, and services of process on behalf of a vacant or foreclosed real property owner.

    City means the City of Powder Springs, Georgia.

    Code enforcement means the code enforcement or quality of life division of the department charged with ensuring compliance with building code requirements.

    Director means the director of the community development or his/her duly authorized appointee.

    Owner means any person, mortgagee, agent, operator, service company, property manager, real estate broker, firm, partnership, corporation or trust:

    (1)

    Having a legal or equitable interest in the property;

    (2)

    Having possession of the property;

    (3)

    That holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process;

    (4)

    That is recorded in the official records of the state, county or municipality as holding title to the property; or

    (5)

    Otherwise having control of the property, including the guardian of the estate or any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

    Securing means causing a vacant building or structure to be secured against unauthorized entry in compliance with this article.

    Street address means the street or route address but does not mean a post office box.

    Structurally sound means free of imperfections which affect the intended use of a building or structure in compliance with applicable building codes.

    Vacant real property means real property that:

    (1)

    Is intended for occupancy, has not been lawfully occupied for at least sixty (60) days, and has no evidence of utility usage within the past sixty (60) days; or

    (2)

    Is partially constructed or incomplete, without a valid building permit.

    Such term does not include a building or a structure containing multiple units with common ownership that has at least one (1) unit occupied with evidence of utility usage.

(Ord. No. 2012-30, § 1(Exh. A), 8-20-12; Ord. No. 2016-033 , § 1, 1-3-17)