In recognition that negligence can result in a public nuisance or sanitary hazard, Marietta has created a designation for a “Pigeon Zone” which constitutes a responsibility for owners and tenants. When considering a personal injury, or premises liability attorney who can represent you in a animal attack or hazardous zone suit, it is important to find one who is aware of local laws and ordinances. In an effort to help our clients win their demands, we present the following ordinance.
Marietta, Georgia – Code of Ordinances PART 10 – GENERAL OFFENSES CHAPTER 10-10 – ANIMAL CONTROL 10-10-070 – Pigeon zone defined.
There is hereby created a pigeon zone within the City of Marietta described as follows:
The central business district of the City of Marietta. A definition and map of the central business district is on file in the city clerk’s office.
- Power of City Code Enforcement Official. Whenever the city code enforcement official determines that there exists animal litter, a nuisance or any danger to the public health, safety and welfare of the citizens of the City of Marietta, the city code enforcement official shall have the power to notify the owner or the tenant of the dwellings, buildings, signs, or structures from which the animal litter emanates. The notice shall be in writing and shall notify the owner or tenant of a hearing before the city code enforcement official not less than ten nor more than 40 days after the service of the notice provided herein.
The notice shall be served on the owner, the person in possession or parties in interest personally or by leaving a copy at the place of his residence prior to such hearing. Nonresidents shall be served by posting the notice in a conspicuous place on the premises to which it relates, and if the address is known, notice shall be sent by registered or certified mail.
In the event the property is occupied by a tenant and the tenant is responsible for the property, the first notice under this section shall be forwarded to the tenant and any citation and/or lien hereunder may be enforced against the tenant or the tenant’s leasehold interest. In the event the tenant is not responsible for the premises, all notices, citations, liens and other issues hereunder shall be addressed to the owner.
- Action by Owner. If, after notice and a hearing, the city code enforcement official determines that the dwelling, building or structure violates this section, the owner or tenant shall be given a period of 15 days to submit a written plan of action to be undertaken by the owner or tenant, at their own expense, in order to solve the problem. The plan shall include a cost estimate of the resolution of the matter and a time frame for completion. In no event shall the completion of the resolution exceed 60 days from the date of the written notice from the city code enforcement official of a violation of this Code.
- Right to Appeal. The owner or tenant shall have the right to appeal the decision of the city code enforcement official regarding a violation of this Code provided said notice of appeal is filed within ten days of the date of the notice from the city code enforcement official. The notice of appeal shall be filed in writing with the Marietta City Clerk. The matter shall be placed on a city council agenda within 60 days after the date of the notice of appeal.
- Performance of Work by City. In the event that the owner or tenant shall not complete the work set forth herein, the city code enforcement official shall place the matter on a city council agenda for consideration. The city code enforcement official shall set forth the proposed resolution of the matter and the estimated cost thereof. Following approval of the proposal of the city code enforcement official, the city council shall cause the work to be performed and the cost thereof shall become of a lien upon the property of the owner or tenant and said lien shall attach to the property of the owner or tenant and shall include all costs incurred by the City of Marietta and shall be added to the tax bill on the property.
(Ord. No. 5938, 12/10/98, § 1)