title 7 buildings and construction

TITLE 7

BUILDINGS AND CONSTRUCTION

Article 1 In General

Sec. 7-1-1. Scope.Sec. 7-1-2. Title.Sec. 7-1-3. Code remedial.Sec. 7-1-4. Applicability.Sec. 7-1-5. Alteration or repair of existing building.Sec. 7-1-6. Change in occupancy of existing building.Sec. 7-1-7. Reserved.Sec. 7-1-8. Preferential classification and assessment of landmark historic

property.Sec. 7-1-9. Installation or maintenance by homeowner.Secs. 7-1-10—7-1-15. Reserved.

Article 2. Structural Standards and Requirements

Sec. 7-1-16. Technical codes—Adopted by reference.Sec. 7-1-17. Same—Conflicts with chapter provisions.Sec. 7-1-18. Reserved.Sec. 7-1-19. Mothballing vacant structures.Sec. 7-1-19.2. Registration of vacant and abandoned buildings.Sec. 7-1-19.3. Specific mothballing procedures.Sec. 7-1-19.4. General mothballing procedures.Sec. 7-1-19.5. Mothballing—Boarding specifications.Sec. 7-1-19.6. Completion period.Sec. 7-1-19.7. Initial compliance inspection.Sec. 7-1-19.8. Annual compliance inspections.Sec. 7-1-19.9. Enforcement.Secs. 7-1-20—7-1-25. Reserved.

Article 3. License and Inspection Department

Sec. 7-1-26. Established.Sec. 7-1-27. Employee qualifications.Sec. 7-1-28. Restrictions on employees' business interests.Sec. 7-1-29. Records and reports.Sec. 7-1-30. Liability, defense of employees for actions taken in the course of

their duties.Sec. 7-1-31. Powers and duties of Director-Building Official.Sec. 7-1-32. Requirements not covered by code.Sec. 7-1-33. Alternate materials and methods.Secs. 7-1-34—7-1-45. Reserved.

Article 4. Construction Advisory Board

Sec. 7-1-46. Created.Sec. 7-1-47. Composition.Sec. 7-1-48. Duties.Secs. 7-1-49—7-1-55. Reserved.Sec. 7-1-56. Appeals proceedings—authorized; filing notice of appeal.Sec. 7-1-57. Same-decisions.Secs. 7-1-58-7-1-80. Reserved.

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Article 5. Permits, Inspections and Certificates of Occupancy

Sec. 7-1-81. Permit application; exceptions.Sec. 7-1-82. Drawings and specifications.Sec. 7-1-83. Site drawings; boundary line survey.Sec. 7-1-84. Hazardous occupancies.Sec. 7-1-85. Examination of permit applications and documents; inspection of

buildings prior to permit decisions.Sec. 7-1-86. Issuing permits.Sec. 7-1-87. Contractor's responsibilities.Sec. 7-1-88. Special permits for foundation pending permit issuance.Sec. 7-1-89. Conditions of permit.Sec. 7-1-90. Permit fees.Sec. 7-1-91. Commencing work without permit prohibited; penalty for viola-

tion.Sec. 7-1-92. Posting building permit card; keeping approved drawings avail-

able for inspection at site required.Sec. 7-1-93. Filing contractor permit and certification; when required; penalty

for violation.Sec. 7-1-94. Inspections.Sec. 7-1-95. Same—Inspection service.Sec. 7-1-96. Same—Inspection prior to issuance of certificate of occupancy or

completion.Sec. 7-1-97. Same—Required inspections.Sec. 7-1-98. Written approval required.Sec. 7-1-99. Reinforcing steel and structural frames.Sec. 7-1-100. Plaster fire protection.Sec. 7-1-101. Certificates of occupancy.Sec. 7-1-102. Certificates of occupancy for existing buildings.Sec. 7-1-103. Certificate of completion.Sec. 7-1-104. Service utilities.Sec. 7-1-105. Posting floor loads.Sec. 7-1-106. Tests.Secs. 7-1-107—7-1-115. Reserved.

Article 6. Construction Trades Regulation

Sec. 7-1-116. Registration of building contractors and building inspectors;payment of occupation tax, bond and liability insurance required.

Sec. 7-1-116-1. Registration of building contractors and building inspectors;payment of occupation tax, bond and liability insurance required.

Sec. 7-1-116-2. Definitions.Sec. 7-1-116-3. Registration required.Sec. 7-1-116-4. Qualifications for a residential builder's registration and certifi-

cate.Sec. 7-1-116-5. Qualifications for a commercial contractor's registration and

certificate.Sec. 7-7-116-6. Qualifications for a specialty contractor's registration and certif-

icate.Sec. 7-1-116-7. Do it yourself registration for single family residential property

owner.Sec. 7-1-116-8. Qualifications for home and commercial private building inspectors/

consultants—Registration required.Sec. 7-1-116-9. Forms for application for registration.Sec. 7-1-116-10. Approval Procedures.Sec. 7-1-116-11.Expiration; renewal of registration.Sec. 7-1-116-12. Phase in procedures.Sec. 7-1-116-13. Transferability.Sec. 7-1-116-14. Standards of performance and quality.Sec. 7-1-116-15. Exemption from complaint handling procedure.

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Sec. 7-1-116-16. Procedure for handling complaints.Sec. 7-1-116-17. Violation; penalties.Sec. 7-1-117. Performing electrical, plumbing, and HVAC work.Sec. 7-1-118. Limitations on use of master electrician's or plumber's certificate

to obtain permit.Sec. 7-1-119. Exemptions from sections 7-1-117 through 7-1-118.Sec. 7-1-120. Penalties for violations of sections 7-1-117 through 7-1-118.Secs. 7-1-121—7-1-130. Reserved.

Article 7. Maintenance—Generally

Sec. 7-1-131. Required.Sec. 7-1-132. Definitions.Sec. 7-1-133. Maintenance standards.Sec. 7-1-134. Administration and enforcement of standards.Sec. 7-1-135. Enforcement.Sec. 7-1-136. Appeals to the construction advisory board.Sec. 7-1-137. Supplemental nature.Sec. 7-1-138. Severability.

[Article 1 In General]

Sec. 7-2-1. Generally.Sec. 7-2-2. Nuisances—Prohibited.Sec. 7-2-3. Nuisances—Notice.Sec. 7-2-4. Nuisances—Procedures in the event nuisance not abated when

specified.Sec. 7-2-5. Nuisances—Penalties.Sec. 7-2-6. Nuisances—Designation of public officer to exercise statutory

nuisance abatement powers.Sec. 7-2-7. Nuisances—Injunctions against order to abate a nuisance, repair,

close, or demolish unfit dwellings, buildings or structures.Secs. 7-2-8—7-2-40. Reserved.

Article 2 Abatement

Sec. 7-2-41. Powers of director-building official to abate nuisance.Sec. 7-2-42. Incorporation of state procedures.Secs. 7-2-43—7-2-62. Reserved.

Article 3. Regulating Automobile Junk Yards, Salvage/Recycling

Facilities

Division 1. Definitions

[Sec. 7-2-63. Definitions.]

Division 2. General Environmental Management

Sec. 7-2-64. General management.Sec. 7-2-65. Accumulation.

Division 3. General Yard Management

Sec. 7-2-66. Waste management.Sec. 7-2-67. Vehicular waste management.Sec. 7-2-68. Storage/containment area.

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Division 4. General Yard Maintenance

[Sec. 7-2-69. General yard maintenance.]

Division 5. Land Use Requirements

[Sec. 7-2-70. Land use requirements.]

Division 6. Procedures: Registration and Permitting

Sec. 7-2-71. Existing locations.Sec. 7-2-72. New locations.Sec. 7-2-73. Permit required for automobile wrecking yard, automobile used

parts lot, junkyard, salvage yard, recycling facility.Sec. 7-2-74. Application.Sec. 7-2-75. Permitting procedure.

Division 7. Enforcement

[Sec. 7-2-76. Enforcement.]

Division 8. Violations

[Sec. 7-2-77. Violations.]

Division 9. Penalties Remedies and Abatement of Nuisance

[Sec. 7-2-78. Penalties remedies and abatement of nuisance.]

Division 10. Severability

[Sec. 7-2-79. Severability.]

Division 11. Repeal of Conflicting Resolutions or Ordinances

[Sec. 7-2-80. Repeal of conflicting resolutions or ordinances.]

Division 12. Effective Date

[Sec. 7-2-81. Effective date.]


Sec. 7-3-1. Program—Creation.Sec. 7-3-2. Streetlight program—Responsibility.Sec. 7-3-3. Streetlight coordinator—Securing services.Sec. 7-3-4. Streetlight coordinator—Duty to recommend standards and pro-

cedures.Sec. 7-3-5. Assessment of cost.Sec. 7-3-6. Standards for installation and operation of system—Adoption.Sec. 7-3-7. Standards for streetlights—Mandatory.

Article 2 Construction and Maintenance

Sec. 7-3-8. Conditions.Sec. 7-3-9. Required development.Sec. 7-3-10. Assessment of cost.Sec. 7-3-11. Construction by Augusta-Richmond County or by contract.Sec. 7-3-12. Collection of assessments.Sec. 7-3-13. Liens; collector of delinquent taxes.


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Sec. 7-3-14. Docket; payment of assessments; executions.Sec. 7-3-15. Fi.Fa.; Propriety; transfer.Sec. 7-3-16. Augusta-Richmond County road system.Sec. 7-3-17. Adding road to the Augusta-Richmond County road system.

Article 3. Excavations

Sec. 7-3-18. Requirements.Sec. 7-3-19. Notification of the director of public works or his representative;

completion of work.Sec. 7-3-20. Construction standards.Sec. 7-3-21. Blocking traffic; signs.Sec. 7-3-22. Repairs to cut pavement; cost.Sec. 7-3-23. Failure to complete work.Sec. 7-3-24. Emergency permits.Sec. 7-3-25. Penalty for noncompliance.

Article 4. Use of County Rights-of-Way

Sec. 7-3-26. Heavy equipment on right-of-way.Sec. 7-3-27. Definitions.Sec. 7-3-28. Commencement of operations.Sec. 7-3-29. Performance standards.Sec. 7-3-30. Violation; penalty.

Article 5 Soil Erosion and Sediment Control

Article 6. Grading Permit

Sec. 7-3-40. Statement of purpose.Sec. 7-3-41. Definitions.Sec. 7-3-42. Exemptions.Sec. 7-3-43. Permit procedures.Sec. 7-3-44. Grading plan requirements.Sec. 7-3-45. Placard.Sec. 7-3-46. Inspection and revocation.Sec. 7-3-47. Enforcement.Sec. 7-3-48. License required.Sec. 7-3-49. Conflict with other laws.Sec. 7-3-50. Appeal procedure.Sec. 7-3-51. Severability.7-3-52—7-3-59. Reserved.

Article 6.B Street and Road Design

Sec. 7-3-60. Construction standards.

Article 7 Nuisance Abatement—In Rem Proceedings

Sec. 7-3-61. Findings of the existence of nuisances.Secs. 7-3-62—7-3-70. Reserved.

Article 8 Rules and Regulations for Abatement of Unsafe or

Unhealthful Premises

Sec. 7-3-71. Definitions.Sec. 7-3-72. Duties of owners.


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Sec. 7-3-73. Nuisance abatement procedures.


Sec. 7-4-1. Purpose.Sec. 7-4-2. Definitions.

Article 2 Historic Preservation Commission

Sec. 7-4-3. Creation.Sec. 7-4-4. Members—Appointment; qualifications; terms and compensa-

tion.Sec. 7-4-5. Statement of powers.Sec. 7-4-6. Power to adopt rules and standards.Sec. 7-4-7. Conflict of interest.Sec. 7-4-8. Historic preservation commission's authority to receive funding

from various sources.Sec. 7-4-9. Records of historic preservation commission meetings.Sec. 7-4-10. Attendance of law enforcement officer at historic preservation

commission meetings.Sec. 7-4-11. Duties of comptroller.

Article 3 Recommendation and Designation of Historic Districts and

Properties

Sec. 7-4-12. Preliminary research by commission.Sec. 7-4-13. Designation of a historic district.Sec. 7-4-14. Designation of a historic property.Sec. 7-4-15. Requirements for adopting an ordinance for the designation of

historic districts and historic properties.

Article 4 Application to Preservation Commission for Certificate of

Appropriateness

Sec. 7-4-16. Approval of alterations or new construction in historic districts orinvolving historic properties.

Sec. 7-4-17. Approval of new construction within designated districts.Sec. 7-4-18. Guidelines and criteria for certificates of appropriateness.Sec. 7-4-19. Issuance of building and demolition permits.Sec. 7-4-20. Submission of plans to commission.Sec. 7-4-21. Acceptable commission reaction to applications for certificates of

appropriateness.Sec. 7-4-22. Hearings on applications for certificates of appropriateness, no-

tices, and right to be heard.Sec. 7-4-23. Interior alterations.Sec. 7-4-24. Technical advice.Sec. 7-4-25. Deadline for approval or rejection of application for certificate of

appropriateness.Sec. 7-4-26. Necessary actions to be taken by commission upon rejection of

application for certificate of appropriateness.Sec. 7-4-27. Undue hardship.Sec. 7-4-28. Requirement of conformance with certificate of appropriateness.Sec. 7-4-29. Certificate of appropriateness void if work not commenced.Sec. 7-4-30. Recording of applications for certificate of appropriateness.Sec. 7-4-31. Fee to accompany an application for a certificate of appropriate-

ness.Sec. 7-4-32. Appeals to the Augusta Commission; mediation.


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Article 5 Demolition or Relocation of A Historic Property or

Properties Within A Historic District

Sec. 7-4-33. Applications for certificates of appropriateness for demolition orrelocation.

Sec. 7-4-34. Public hearing.Sec. 7-4-35. Notice of public hearing pursuant to an application for certificate

of appropriateness for demolition or relocation.Sec. 7-4-36. Violation.Sec. 7-4-37. Consideration of post-demolition or post-relocation plans.Sec. 7-4-38. Demolition/relocation criteria.Sec. 7-4-39. Fee to accompany application for certificate of appropriateness

for demolition or relocation.Sec. 7-4-40. Binding upon the commission.Secs. 7-4-41—7-4-50. Reserved.

Article 6 Maintenance of Historic Properties and Building and Zoning

Code Provisions

Sec. 7-4-51. Ordinary maintenance or repair.Sec. 7-4-52. Failure to provide ordinary maintenance or repair.Sec. 7-4-53. Affirmation of existing building and zoning codes.Secs. 7-4-54—7-4-60. Reserved.

Article 7 Miscellaneous Provisions

Sec. 7-4-61. Certified local government program.Sec. 7-4-62. Severability.Sec. 7-4-63. Amendments.Sec. 7-4-64. Temporary provision for HPA (historic preservation area) zones

existing under prior law.

Article 8 Detention Ponds

Sec. 7-4-65 Maintenance of detention/retention ponds.

Article 9. Penalty Provisions

Sec. 7-4-66. Violation; penalties.


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Chapter 1

BUILDING AND BUILDING

REGULATIONS

ARTICLE 1 IN GENERAL

Sec. 7-1-1. Scope.

The provisions of this Chapter shall govern theadministration and enforcement of the StandardBuilding, Gas, Mechanical and Plumbing Codes,and the National Electric Code, hereinafter re-ferred to as the technical codes, as are adopted inArticle 7 herein.

Sec. 7-1-2. Title.

The provisions embraced within the followingarticles and sections shall constitute and be knownand may be cited as The Building Code of Augusta-Richmond County, hereinafter referred to as thisbuilding code.

Sec. 7-1-3. Code remedial.

(a) General. This building code is hereby de-clared to be remedial, and shall be construed tosecure the beneficial interests and purposes thereof,which are public safety, health and general wel-fare, through structural strength, stability, sani-tation, adequate light and ventilation, and safetyto life and property from fire and other hazardsattributed to the built environment includingalteration, repair, removal, demolition, use andoccupancy of buildings, structures, or premises,and by regulating the installation and mainte-nance of all electrical, gas, mechanical and plumb-ing systems, which may be referred to as servicesystems.

(b) Quality control. Quality control of materi-als and workmanship is not within the purview ofthis building code except as it related to thepurposes stated herein.

(c) Permitting and inspection. The inspectionor permitting of any building, system or plan byany jurisdiction, under the requirements of thisbuilding code, shall not be construed in any courtas a warranty of the physical condition of suchbuilding, system or plan or their adequacy. No

jurisdiction nor any employee thereof shall beliable in tort for damages for any defect or haz-ardous or illegal condition or inadequacy in suchbuilding, system or plan, nor for any failure of anycomponent of such, which may occur subsequentto such inspection or permitting.

Sec. 7-1-4. Applicability.

(a) Generally. Where, in any specific case, dif-ferent sections of this building code specify differ-ent materials, methods of construction or otherrequirements, the most restrictive shall govern.Where there is a conflict between a general re-quirement and a specific requirement, the specificrequirement shall be applicable.

(b) Building. The provisions of the StandardBuilding Code shall apply to the construction,alteration, repair, equipment, use and occupancy,location, maintenance, removal and demolition ofevery building or structure or any appurtenancesconnected or attached to such buildings or struc-tures.

(c) Electrical. The provisions of the NationalElectrical Code shall apply to the installation ofelectrical systems, including alterations, repairs,replacement, equipment, appliances, fixtures, fit-tings and appurtenances thereto.

(d) Gas. The provisions of the Standard GasCode shall apply to the installation of consumers'gas piping, gas appliances and related accessoriesas covered in this building code. These require-ments apply to gas piping systems extending fromthe point of delivery to the inlet connections ofappliances, and the installation and operation ofresidential and commercial gas appliances andrelated accessories.

(e) Mechanical. The provisions of the StandardMechanical Code shall apply to the installation ofmechanical systems, including alterations, re-pairs, replacement, equipment, appliances, fix-tures, fittings and/or appurtenances, includingventilating, heating, cooling, air conditioning andrefrigeration systems, incinerators, and other en-ergy-related systems.

(f) Plumbing. The provisions of the StandardPlumbing Code shall apply to every plumbinginstallation, including alterations, repairs, replace-

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ment, equipment, appliances, fixture, fittings andappurtenances, and when connected to a water orsewerage system.

(g) Federal or state authority. The provisions ofthis building code shall not be held to deprive anyfederal or state agency, or any applicable govern-ing authority having jurisdiction, of any power orauthority which it had on the effective date of theadoption of this building code or of any remedythen existing for the enforcement of its orders, norshall it deprive any individual or corporation ofits legal rights as provided by law.

(h) Appendices. To be enforceable, the appen-dices included in the technical codes must bereferenced in the code text or specifically includedin the adopting ordinance.

(i) Referenced standards. Standards refer-enced in the technical codes shall be consideredan integral part of the codes without separateadoption. If specific portions of a standard aredenoted by code text, only those portions of thestandard shall be enforced. Where code provisionsconflict with a standard, the code provisions shallbe enforced. Permissive and advisory provisionsin a standard shall not be construed as manda-tory.

Sec. 7-1-5. Alteration or repair of existing

building.

Alterations or repairs to existing buildingsshall be governed by the Standard Housing Code.

Sec. 7-1-6. Change in occupancy of existing

building.

If the occupancy of an existing building isentirely changed, the building shall be made toconform to the requirements of this building codefor the new occupancy. If the occupancy of only aportion of an existing building is changed andthat portion is separated from the remainder ofthe building, then that portion must be made toconform pursuant to applicable building codes.

Sec. 7-1-7. Reserved.

Sec. 7-1-8. Preferential classification and as-

sessment of landmark historic

property.

Property in Augusta-Richmond County, Geor-gia, may qualify as landmark historic propertyand be eligible to receive the preferential assess-ment provided for in section (c.1) of O.C.G.A.§ 48-5-7.

Sec. 7-1-9. Installation or maintenance by

homeowner.

Nothing in this building code shall prevent ahomeowner from installing electrical, mechanicalor plumbing systems or maintaining his homewithin his own property boundaries, providedsuch work is done by himself and is used exclu-sively by him or his family. Such privilege doesnot convey the right to violate any of the provi-sions of this building code, nor is it construed asexempting any such property owner from obtain-ing a permit, paying required fees and requestinginspections.

Secs. 7-1-10—7-1-15. Reserved.

ARTICLE 2. STRUCTURAL STANDARDS

AND REQUIREMENTS

Sec. 7-1-16. Technical codes—Adopted by ref-

erence.

The following codes as promulgated by theState of Georgia through the Department of Com-munity Affairs are hereby adopted and incorpo-rated by reference effective April 1, 1996. (Severalhave been in effect since October 1, 1995).

Adoption of the codes and appropriate appen-dices; codes that are amended by the State ofGeorgia are so denoted:

Code Edition GAAdopted AmendAppendices

Georgia Mandated Codes

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Code Edition GAAdopted AmendAppendices

International Building Code 2006 *International Plumbing Code 2006 *International Fuel Gas Code 2006 *International Mechanical Code 2006 *National Electrical Code 2005 *International Energy Conservation Code 2000 *International Fire Code 2006 *International Residential Code 2006 *

Georgia Optional Codes

Standard Unsafe Building Abatement 1985International Property Maintenance Code 2003Standard Swimming Pool Code 1994 *

The building and inspection department shallbe responsible for the administration and enforce-ment of the above codes adopted by reference.

Any person or persons failing to comply withthe provisions of the above codes in Augusta-Richmond County shall be guilty of an offense andupon trial as a misdemeanor and conviction, shallbe punished as provided in section 1-6-1 of thisCode.(Ord. No. 6448, § 1, 1-2-02; Ord. No. 6689, § 1,3-16-04; Ord. No. 6939, § 12, 1-2-07)

Sec. 7-1-17. Same—Conflicts with chapter

provisions.

All provisions in this chapter in conflict withany provisions of the codes adopted in section7-1-16 shall govern and control, and the conflict-ing provisions of the adopted codes shall be re-pealed.


Editor’s note—Ord. No. 6176, adopted in 1999, repealed§ 7-1-18 in its entirety. Formerly, said section pertained torigid or thin wall conduit required in certain installations.

Sec. 7-1-19. Mothballing vacant structures.

(a) In lieu of enforcement under other provi-sion of this Code, the owner(s) of a vacant struc-ture may elect to close or 'mothball' the structureif the structure is vacant and unfit for humanhabitation and occupancy, and it is not dilapi-

dated, unsafe, unsanitary, or in danger of struc-tural collapse. Mothballing is defined as a methodused to protect a vacant structure from weatherdamage and vandals while preserving the struc-ture for future use. The goal of mothballing is totemporarily protect the property to allow theowner to plan the property's future, or acquirefunds for preservation, rehabilitation or restora-tion. In historic districts, the owner, prior tomothballing, must obtain a certificate of appro-priateness pursuant to Augusta-Richmond CountyCode Title 7, Chapter 4, Article 4, Application toPreservation Commission for certificate of appro-priateness.

(b) Prior to mothballing a structure, the prop-erty owners will be required to register the vacantproperty with the Augusta License and InspectionDepartment. The Augusta License and InspectionDepartment will issue a mothballing permit. Withinten (10) days of completion of the mothballing, theproperty owner must contact the Augusta Licenseand Inspection Department to schedule an initialcompliance inspection. Annually, the property willbe inspected for compliance with the provisions ofthis Code Section.(Ord. No. 6875, § 1, 3-29-06)

Sec. 7-1-19.2. Registration of vacant and

abandoned buildings.

(a) Owners of vacant buildings, who elect tomothball in lieu of repairing or demolishing thestructure, must register their properties at the

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license and inspection department prior to begin-ning work. This registration shall be made througha form provided by the department and shallinclude a list of a contact person or personsresponsible for the maintenance and repair of theproperty. This form shall contain the currenttelephone numbers and addresses of all contactpersons. It is the sole responsibility of the prop-erty owner to update this information at thelicense and inspection department.

(b) Mothballing permit. After registration, theowners of vacant buildings must obtain amothballing permit from the license and inspec-tion department. The cost of the mothballingpermit is twenty dollars ($20.00) that includes thecompliance inspection. A separate building permitmay be required for building repairs.

(c) Term of permit, one year; option to renewfor one year. A mothballing permit shall be validfor one year next following the date of the regis-tration of the property and may be renewed forone year next following the first anniversary ofthe date of the issuance of said permit. The fee forthe renewal term shall be $20.00 and shall bepaid when application is made for renewal.(Ord. No. 6875, § 1, 3-29-06; Ord. No. 6957, § 2,3-6-07)

Sec. 7-1-19.3. Specific mothballing proce-

dures.

The three highest priorities for a mothballedbuilding are: 1) to protect the building from sud-den loss, 2) to weatherize and maintain the prop-erty to stop moisture penetration, and 3) to con-trol the humidity levels inside once the buildinghas been secured.(Ord. No. 6875, § 1, 3-29-06)

Sec. 7-1-19.4. General mothballing proce-

dures.

(a) A properly mothballed building will have awatertight roof, secured doors and windows, re-paired or stabilized rot problems, painted wood,repaired masonry, and well maintained grounds.All trash, debris, garbage should be removed frominside, outside and under the house.

(b) To ensure compliance with this Code sec-tion, the property owner, at a minimum, shouldtake the following actions:

(1) The building's roof should be weathertight. Missing shingles should be re-placed, holes should be repaired. Rolledroofing is acceptable as a temporary re-pair material; but if it is used, it must besecurely installed.

(2) Windows should be covered on the exte-rior with high grade plywood cut to fitwithin the window opening. Window cov-erings should be attached with screws tominimize damage to the window whenthey are removed. Window coverings shouldbe painted a flat color — i.e. dark grey orblack, or a color that matches the build-ing.

(3) The water should be turned off and thepipes drained. If the building has a func-tional sprinkler system, it should remainoperational.

(4) All electrical systems not necessary forsecurity, fire prevention, and/or ventila-tion should be disconnected.

(5) Exterior walls surfaces shall be free ofbreaks, holes, loose or missing materialsto prevent deterioration. All exterior sur-faces shall be repaired and protected fromthe elements including but not limited toporches, decks, balconies and fences. Allmetal surfaces subject to rust or corrosionshall be coated to inhibit such rust andcorrosion. Gutters should be cleaned andinspected to verify that they dischargeaway from the building. Corrective mea-sures should be taken as necessary.

(6) Potential points for water intrusion, likecrawlspace openings and basement win-dows, should be blocked and the waterdiverted away from the building; how-ever, basement and crawlspace ventila-tion shall be maintained.

(7) Loose architectural elements like brack-ets that should be documented, removed,and stored on site. Securely attached ma-terial should not be removed.

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(8) Chimneys should be securely blocked withheavy duty wire mesh to prevent animalintrusion.

(9) The building should be adequately venti-lated. Small openings covered with heavyduty wire mesh at the top of windowcoverings may be adequate. In humidclimates, forced air ventilation may benecessary.

(10) Vegetation around the building should bepruned back from the walls a minimum oftwelve (12) inches to allow good airflow.Overhanging dead tree limbs and branchesshould be removed. The property groundsshall be maintained at all times (includ-ing bushes, beds, and other vegetation),the grass shall not exceed six (6) inches inheight and the property shall be kept freeof trash and debris at all times.

(11) The owner shall establish a monitoringand maintenance schedule for the build-ing. The schedule, at a minimum, shouldrequire that a drive-by inspection be doneon a monthly basis, that a walk around bedone every three (3) months, and that thebuilding be entered and inspected annu-ally.

(Ord. No. 6875, § 1, 3-29-06)

Sec. 7-1-19.5. Mothballing—Boarding speci-

fications.

The property owner must comply with thefollowing minmum requirements regarding win-dows, exterior doors and other openings in exte-rior walls of vacant structures.

(1) Minimum cleaning and safety require-ments:

a. Remove to legal dumpsite all trashdebris, garbage from inside, outsideand under house before boarding.(Keep on file copy of all receipts fromlandfill or their disposal facility forreview.)

b. Correct health and structural haz-ards inside, outside and under housebefore boarding.

(2) Minimum window board-up requirements

a. Remove windowpanes if broken. Ifwindow panes not broken, lower orraise window sash to permit instal-lation of carriage bolts described be-low.

b. Neatly cut a single piece of one-half(1/2) inch high grade exterior ply-wood that is sized to fit snugly insidethe window opening against the win-dows stop. Consider installing two(2) inches × four (4) inches blockingwithin opening for back of plywoodto rest against snugly.

c. Cut an opening centered and six (6)inches below the top of the plywoodand install a metal soffit vent thatcovers the opening but allows lightto enter the structure once the ply-wood has been installed. Use screwsto attach the vent to the plywood.

d. Cut at least two two (2) inches × four(4) inches wood support membersthat are sixteen (16) inches widerthan the window opening.

e. The support members are to bemounted horizontally and flushagainst the interior window casingwith eight (8) inches extending leftand right of the window opening.The top support should be locatedwithin one-fourth (1/4) and one-third(1/3) of the window opening heightfrom the top of the opening. Thebottom support should be locatedwithin one-half (1/2) to one-third (1/3)of the window opening height fromthe bottom of the opening.

f. Drill at least two holes in each of thetwo (2) inches × four (4) inches sup-port members then drill holes in theplywood that line up with the holesdrilled in the support members.

g. Insert a washer over the end of athree-eighths (3/8) inch diameterround, smooth head, carriage bolt.

h. Line up each hole in the two (2)inches × four (4) inches support mem-ber and the plywood.

§ 7-1-19.5BUILDING AND CONSTRUCTION

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i. At each hole, insert a three-eighths(3/8) inch diameter carriage bolt—from exterior to interior—throughthe plywood, through the windowopening and through the two (2)inches × four (4) inches and plywoodtoward each other until there is noplay.

j. Prime the exterior surface of theplywood.

k. On the exterior, caulk the perimeteredges of the plywood.

l. Paint the exterior surface of the ply-wood a flat color — i.e. dark grey orblack, or a color that matches thebuilding.

(3) Minimum exterior door board-up require-ments.

a. Remove door.

b. Neatly cut a single piece of one-half(1/2) inch high grade exterior ply-wood that is sized to fit snugly insidethe door opening against the door-stop. Consider installing two (2)inches × four (4) inches blockingwithin opening for back of plywoodto rest against snugly.

c. Cut an opening centered and six (6)inches below the top of the plywoodand install a metal soffit vent thatcovers the opening but allow light toenter the structure once the plywoodhas been installed. Use screws toattach the vent to the plywood.

d. Cut a least two two (2) inches times;four (4) inches wood support mem-bers that are sixteen (16) inches widerthan the door opening.

e. The support members are to bemounted horizontally and flushagainst the interior door casing witheight (8) inches extending left andright of the door opening. The topsupport should be located within one-fourth (1/4) and one-third (1/3) of thedoor opening height from the top ofthe opening. The bottom support

should be located within one-fourth(1/4) to one-third (1/3) of the door open-ing height from the bottom of theopening.

f. Drill at least two (2) holes in each ofthe two (2) inches × four (4) inchessupport member and the plywood. Ateach hole, insert a three-eighths (3/8)inch diameter carriage bolt—fromexterior to interior—through the ply-wood, through the door opening andthrough the two (2) inches × four (4)inches.

g. Insert a washer over the end of athree-eighths (3/8) inch diameterround, smooth head, carriage.

h. Line up each hole in the two (2)inches × four (4) inches support mem-ber and the plywood. At each hole,insert a three-eighths (3/8) inches di-ameter carriage bolt—from exteriorto interior—through the door open-ing and through the two (2) inches ×four (4) inches.

i. Slip a three-eighths (3/8) inch diame-ter nut and washer over the end ofthe carriage bolt inside the structureand securely tighten the nut—pull-ing the two (2) inches × four (4)inches and plywood toward each otheruntil there is no play.

j. Prime the exterior surface of theplywood.

k. On the exterior, caulk the perimeteredges of the plywood.

l. Paint the exterior surface of the ply-wood a flat color—i.e. dark grey orblack, or a color that matches thebuilding.

(4) Crawlspace/basement door, gable vent orother opening.

a. Remove door or vent and install whennecessary two (2) inches × four (4)inches blocking in the opening.

§ 7-1-19.5 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007

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b. Cut a single piece of one-half (1/2)inch high grade exterior plywood thatwill fit snugly against the outsideedge of the blocking.

c. Screw plywood snugly to blockingusing at least one (1) inch screws.

d. Prime the exterior surface of theplywood and caulk the perimeteredges.

e. Paint the exterior surface of the ply-wood a flat color — i.e. dark grey orblack, or a color that matches thebuilding.

(Ord. No. 6875, § 1, 3-29-06)

Sec. 7-1-19.6. Completion period.

(a) Period of completion. Owners of vacantstructures shall have ninety (90) days from dateof issuance of the mothballing a permit to com-plete mothball the building, in compliance withthese provisions.

(b) Extension. The director, license and inspec-tion department may extend the completion pe-riod up to ninety (90) days based on unusualcircumstances and financial hardships.(Ord. No. 6875, § 1, 3-29-06)

Sec. 7-1-19.7. Initial compliance inspection.

(a) Initial compliance inspection. The licenseand inspection department will conduct an initialmothballing compliance inspection of the build-ing, and shall issue an acceptance certificate ifthe property owner has substantially compliedwith the requirements as set forth in.

(b) Non-acceptance. If the owner has not sub-stantially complied with the requirement of thisordinance, the department shall issue a issue anote of non-acceptance during the initial compli-ance inspection, the department shall provide theowner with a copy of the noted deficit area(s). Thebuilding owner will have thirty (30) days from thedate of the inspection within which to take cor-rective action(s) and request another complianceinspection. The owner may be subject to other

enforcement proceedings under this Code if thedepartment notes the structure as non-accep-tance during a follow-up compliance inspection.(Ord. No. 6875, § 1, 3-29-06)

Sec. 7-1-19.8. Annual compliance inspec-

tions.

To ensure compliance, the license and inspec-tion department will conduct annual inspectionsof all structures registered under this Code sec-tion.(Ord. No. 6875, § 1, 3-29-06)

Sec. 7-1-19.9. Enforcement.

The license and inspection department will beresponsible for enforcing compliance with themothballing ordinance.(Ord. No. 6875, § 1, 3-29-06)


ARTICLE 3. LICENSE AND INSPECTION

DEPARTMENT

Sec. 7-1-26. Established.

There is hereby established a department, tobe called the License and Inspection Department.

Sec. 7-1-27. Employee qualifications.

(a) Director-Building Official qualifications. Theperson in charge of the License and InspectionDepartment shall be known as the Director-Building Official. The Director-Building Officialshall have had at least ten (10) years' experienceor equivalent as an architect, engineer, inspector,contractor, or superintendent of construction, orany combination of these, five (5) years of whichshall have been in responsible charge of work.The Director-Building Official shall be certified asa building official through a recognized certifica-tion program. The Director-Building Official shallbe appointed or hired by the Augusta-RichmondCounty Commission and shall not be removedfrom the office except for cause after full opportu-nity has been given to be heard on specific chargesbefore the Commission.


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(b) Manager of construction qualifications. TheDirector-Building Official, with the approval ofthe applicable governing authority, may desig-nate a Manager of Construction to administer theprovisions of the Building, Electrical, Gas, Me-chanical and Plumbing codes. The Manager shallhave at least ten (10) years' experience or equiv-alent as an architect, engineer, inspector, contrac-tor, or superintendent of construction, or anycombination of these, five (5) years of which shallhave been in responsible charge of work. TheManager should be certified at a minimum as abuilding inspector through a recognized certifica-tion program. The Manager shall also be knownas Chief Inspector and shall not be removed fromoffice except for cause after full opportunity hasbeen given to be heard on specific charges beforethe Commission.

(c) Inspector qualifications. The Director-Build-ing Official, with the approval of the chief appoint-ing authority, may appoint such number of offic-ers, inspectors, assistants, and other employeesas shall be authorized from time to time. A personshall not be appointed as inspector of constructionwho has not had at least five (5) years' experienceas an building inspector, engineer, architect, or asa superintendent, foreman, or competent me-chanic in charge of construction. The inspectorshould be certified, through a recognized certifi-cation program for the appropriate trade.

Sec. 7-1-28. Restrictions on employees' busi-

ness interests.

An officer or employee connected with thedepartment, except one whose only connection isas a member of the board established by thisbuilding code, shall not be financially interestedin the furnishing of labor, material, or appliancesfor the construction, alteration, or maintenance ofa building, structure, service, system, or in themaking of plans or specifications therefor, unlesshe is the owner of such building. Such officer oremployee shall not engage in any work which isinconsistent with his duties or with the interestsof the department.

Sec. 7-1-29. Records and reports.

(a) The Director-Building Official shall keep,or cause to be kept, a record of the business of thedepartment. The records of the department shallbe open to public inspection.

(b) The Director-Building Official shall annu-ally submit a report to the Augusta-RichmondCounty Administrator covering the work of thedepartment during the preceding year. He mayincorporate in said report a summary of thedecisions of the Construction Advisory Board dur-ing said year.

Sec. 7-1-30. Liability, defense of employees

for actions taken in the course

of their duties.

Any officer or employee, or member of theConstruction Advisory Board, charged with theenforcement of this building code, acting for thegoverning body in the discharge of his duties,shall not thereby render himself liable personally;and he is hereby relieved from all personal liabil-ity for any damage that may accrue to persons orproperty as a result of any act required or permit-ted in the discharge of his duties. Any suit broughtagainst any officer or employee or member be-cause of such act performed by him in the enforce-ment of any provision of this building code shallbe defended by the Augusta-Richmond Countyattorney until the final termination of the pro-ceedings.

Sec. 7-1-31. Powers and duties of Director-

Building Official.

(a) The Director-Building Official shall enforcethe provisions of this building code, and is autho-rized to render interpretations of this buildingcode which are consistent with its spirit andpurpose. The Director-Building Official's powersshall include, but not be limited to, the following:

(1) Right of entry. Whenever necessary tomake an inspection to enforce any of theprovisions of this building code, or when-ever the Director-Building Official hasreasonable cause to believe that thereexists in any building or upon any pre-mises any condition or code violation whichmakes such building, structure, premises,electrical, gas, mechanical or plumbingsystems unsafe, dangerous or hazardous,the building official may enter such build-ing, structure or premises at all reason-able times to inspect the same or to per-form any duty imposed upon the Director-


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Building Official by this building code. Ifsuch building or premises are occupied,he shall first present proper credentialsand request entry. If such building, struc-ture, or premises are unoccupied, he shallfirst make a reasonable effort to locate theowner or other persons having charge orcontrol of such and request entry. If entryis refused, the building official shall haverecourse to every remedy provided by lawto secure entry.

When the Director-Building Official shallhave first obtained a proper inspectionwarrant or other remedy provided by lawto secure entry, no owner or occupant orany other persons having charge, care orcontrol of any building, structure, or pre-mises shall fail or neglect, after properrequest is made as herein provided, topromptly permit entry therein by the Di-rector-Building Official, or his designer,for the purpose of inspection and exami-nation pursuant to this building code.

(2) Inspections. The Director-Building Offi-cial may make, or cause to be made, theinspections required by this building code.

(3) Tests. The Director-Building Official mayrequire tests or test reports as proof ofcompliance. Tests, if required, are to bemade at the expense of the owner, or hisagent, by an approved testing laboratoryor other approved agency. Copies of suchtest reports or the results of all such testsshall be kept on file in the office of theDirector-Building Official.

(4) Stop work orders. Upon notice from thelicense and inspection department, workon any building, structure, electrical, gas,mechanical or plumbing system that isbeing done contrary to the provisions ofthis building code or in a dangerous orunsafe manner, shall be immediatelystopped. Such notice shall be in writingand shall be given to the owner of theproperty, or to his agent, or to the persondoing the work, and shall state the condi-tions under which work may be resumed.

Where an emergency exists, written no-tice shall not be required to be given bythe license and inspection department.

(5) Revocation of permits.

a. The Director-Building Official mayrevoke a permit or approval, issuedunder the provisions of this chapter,in case there has been any falsestatement or misrepresentation asto a material fact in the applicationor plans on which the permit orapproval was based.

b. The Director-Building Official mayrevoke a permit upon determinationby the Director-Building Official thatthe construction, erection, alteration,repair, moving, demolition, installa-tion, or replacement of the building,structure, electrical, gas, mechani-cal or plumbing systems for whichthe permit was issued is in violationof, or not if conformity with, theprovisions of this building code.

Sec. 7-1-32. Requirements not covered by

code.

Any requirements necessary for the strength,stability or proper operation of an existing orproposed building, structure, electrical, gas, me-chanical or plumbing system, or for the publicsafety, health and general welfare, not specificallycovered by this or the other technical codes, shallbe determined by the license and inspection de-partment.

Sec. 7-1-33. Alternate materials and meth-

ods.

The provisions of the technical codes are notintended to prevent the use of any material ormethod of construction not specifically prescribedby them, provided any such alternate has beenreviewed by the Director-Building Official. TheDirector-Building Official shall approve any suchalternate, provided the Director-Building Officialfinds that the alternate for the purpose intendedis at least the equivalent of that prescribed in thetechnical codes, in quality, strength, effectiveness,fire resistance, durability and safety. The Director-


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Building Official shall require that sufficient ev-idence or proof by submitted to substantiate anyclaim made regarding the alternate.


ARTICLE 4. CONSTRUCTION ADVISORY

BOARD*

Sec. 7-1-46. Created.

There is hereby created the Augusta-RichmondCounty Construction Advisory Board which shallconsist of ten (10) members. The Board shallserve in an advisory and mediation capacity only,and all members shall be appointed by theAugusta-Richmond County Commission and shall serve atthe pleasure thereof.

Sec. 7-1-47. Composition.

The board shall be composed of the following:

a. One (1) licensed electrical contractor;

b. One (1) master plumber;

c. One (1) licensed HVAC contractor;

d. One (1) commercial contractor;

e. One (1) residential contractor;

f. One (1) architect;

g. One (1) electrical engineer;

h. One (1) consulting engineer;

i. One (1) consumer member—Super Dis-trict 9; and

j. One (1) consumer member—Super Dis-trict 10.

Members, other than the initial members, shallbe appointed for terms of four (4) years. Vacanciesshall be filled for an unexpired term in the amountof which the original appointments are requiredto be made. Continued absence of any memberfrom regular meetings of the Board shall, at thediscretion of the Commission, render any suchmember liable to immediate removal from office.

The Augusta-Richmond County employee hold-ing the position of Director-Building Official ofthe License and Inspection Department shall beresponsible for all administrative duties and sup-port to the Advisory Board. The Director-BuildingOfficial, Building Inspectors, Planning Commis-sion Director, Utilities Department Director, Pub-lic Works Director, and Fire Chief, employed byAugusta-Richmond County shall serve in an ad-visory capacity as non-voting, ex-officio membersof the Advisory Board.

At its first meeting of each calendar year, theConstruction Advisory Board shall elect one (1) ofits members as Chairman and one (1) of itsmembers as Vice-Chairman to serve during thecalendar year and until his/her successor hasbeen elected and qualified for office. The Chair-man shall preside at meetings of the AdvisoryBoard. In the absence of the Chairman, the Vice-Chairman shall preside at the meetings. In orderto take any action, a quorum of at least a majorityof the voting members of the Advisory Board mustbe present at the duly called meeting. A vote of amajority of the voting members present at theduly called meeting at which a quorum is presentshall be required to adopt or approve any pro-posed action by the Board.

The Construction Advisory Board shall meet onthe second Thursday in each of the followingmonths: January, March, May, July, September,and November. Special meetings may be called bythe Chairman, or Vice-Chairman, as he/she deemsnecessary.

Sec. 7-1-48. Duties.

The Construction Advisory Board shall adoptsuch reasonable rules and regulations as arenecessary for the conduct of its affairs and shall,when needing legal advice, consult with the Au-gusta-Richmond County attorney, through thedepartment Director/Building Official. It shall bethe duties of the Construction Advisory Board to:

(a) Serve in an advisory capacity to the Com-mission on matters pertaining to Construc-tion.

(b) Conduct mediation hearings to resolvedifferences of opinions in the interpreta-

*Editor’s note—Ord. No. 6308, § 1, adopted Oct. 3, 2000,amended Art. 4 in its entirety to read as herein set out. See theCode Comparative Table.


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tion of all construction codes and inspec-tion procedures in force in Augusta-Rich-mond County.

(c) Make recommendations to the Commis-sion concerning unresolved matters in in-terpretation of codes and inspection pro-cedures.

(d) The Advisory Board Committee will notmake any changes from the standard codesadopted. If it is felt that any code does notmeet Augusta-Richmond County's needsdue to unique physical or climatologicalconditions, a proposal to modify a codemay be submitted to the Commissionthrough the department Director/Build-ing Official.

(e) Serve as a liaison between the City ofAugusta and builders, developers, designprofessionals and other disciplines in-volved in the building and developmentindustries. This duty includes dissemina-tion of information such as adoption ofnew building codes and changes in poli-cies to these groups and the general pub-lic.

(f) Appoint a member of the ConstructionAdvisory Committee to serve as an ex-officio member of the Subdivision Regula-tions Committee.


Sec. 7-1-56. Appeals proceedings—autho-

rized; filing notice of appeal.

(a) Whenever the Director/Building Official shallreject or refuse to approve the mode or manner ofconstruction proposed to be followed, or materialsto be used in the erection or alteration of abuilding or structure, or when it is claimed thatthe provisions of the building code do not apply, orthat an equally good or more desirable form ofconstruction can be employed in any specific case,or when it is claimed that the true intent andmeaning of the building code or any of the regu-lations thereunder have been misconstrued orwrongly interpreted, the owner of such building

or structure or his duly authorized agent, mayappeal from the decision of the Director/BuildingOfficial to the Construction Advisory Board.

(b) Notice of Appeal shall be in writing andfiled within ten (10) days after the decision isrendered by the Director/Building Official. A feeof fifty dollars ($50.00) shall accompany suchnotice of appeal. In case of a building or structurewhich, in the opinion of the Director/BuildingOfficial, is unsafe or dangerous, the Director/Building Official may, in his order, limit the timefor such appeal to be a shorter period. Appealshereunder shall be on forms provided by theDirector/Building Official.

Sec. 7-1-57. Same-decisions.

(a) The Advisory Board shall, in every case,reach a decision without unreasonable or unnec-essary delay.

(b) The Advisory Board, when so appealed toand after a hearing, may vary the application ofany provision of this building code to any partic-ular case when, in its opinion, the enforcementthereof would do manifest injustice and would becontrary to the spirit and purpose of this buildingcode or public interest, or when, in its opinion, theinterpretation of the Director/Building Officialwould be modified or reversed. A decision of theBoard to vary the application of any provision ofthis building code or to modify an order of theDirector/Building Official shall specify in whatmanner such variation or modification is made,the conditions upon which it is made, and thereasons therefor.

(c) Every decision of the Advisory Board shallbe final, subject, however, to such remedy as anyaggrieved party might have at law or in equity. Itshall be in writing and shall indicate the voteupon the decision. Every decision shall be promptlyfiled in the office of the Director/Building Official,and shall be open to public inspection; a copy shallbe sent by mail or otherwise to the applicant.

(d) If a decision of the Advisory Board reversesor modifies a refusal, order, or disallowance of theDirector/Building Official, or varies the applica-


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tion of any provision of the building code, theDirector/Building Official shall immediately takeaction in accordance with such decision.(Ord. No. 6308, 10-3-00)

Secs. 7-1-58-7-1-80. Reserved.

ARTICLE 5. PERMITS, INSPECTIONS

AND CERTIFICATES OF OCCUPANCY

Sec. 7-1-81. Permit application; exceptions.

(a) When required. Any owner, authorized agent,or contractor who desires to construct, enlarge,alter, repair, move, demolish, or change the occu-pancy of a building or structure, or to erect,install, enlarge, alter, repair, remove, convert orreplace any electrical, gas, mechanical or plumb-ing system, the installation of which is regulatedby the technical codes, or to cause any such workto be done, shall first make application to theDirector-Building Official and obtain the requiredpermit for the work.

(b) Exceptions. Permits shall not be requiredfor the following mechanical work: (i) any porta-ble heating appliance; (ii) any portable ventilationequipment; (iii) any portable cooling unit; (iv) anysteam, hot or chilled water piping within anyheating or cooling equipment regulated by thisbuilding code; (v) replacement of any part whichdoes not alter its approval or make it unsafe; (vi)any portable evaporative cooler; or (vii) any self-contained refrigeration system containing 10 lb.(4.54 kg) or less or refrigerant and actuated bymotors of 1 horsepower (746 W) or less.

(c) Temporary structures. A special buildingpermit for a limited time shall be obtained beforethe erection of temporary structures such as con-struction sheds, seats, canopies, tents and fencesused in construction work or for temporary pur-poses such as reviewing stands. Such structuresshall be completely removed upon the expirationof the time limit stated in the permit.

(d) Work authorized. A building, electrical, gas,mechanical or plumbing permit shall carry with itthe right to construct or install the work, providedthe same are shown on the drawings and set forthin the specifications filed with the application for

the permit. Where these are not shown on thedrawings and covered by the specifications sub-mitted with the application, separate permitsshall be required.

(e) Minor repairs. Ordinary minor repairs maybe made with the approval of the building officialwithout a permit, provided that such repairs shallnot violate any of the provisions of the technicalcodes.

(f) Information required. Each application fora permit, with the required fee, shall be filed withthe license and inspection department on a formfurnished for that purpose and shall contain ageneral description of the proposed work and itslocation. The application shall be signed by theowner, or his authorized agent. The buildingpermit application shall indicate the proposedoccupancy of all parts of the building and of thatportion of the site or lot, if any, not covered by thebuilding or structure and shall contain such otherinformation as may be required by the license andinspection department.

(g) Time limitations. An application for a per-mit for any proposed work shall be deemed tohave been abandoned six (6) months after thedate of filing for the permit, unless before then apermit has been issued. One or more extensions oftime for periods of not more than ninety (90) dayseach may be allowed by the Director-BuildingOfficial for the application, provided the exten-sion is requested in writing and justifiable causeis demonstrated.

(h) Issuance to contractors only. No permit,except for homeowners as provided for in section7-1-9 and section 7-1-121(a), shall be issued toanyone other than a properly licensed contractorunder the laws of the State of Georgia and theordinances of Augusta-Richmond County.

Sec. 7-1-82. Drawings and specifications.

(a) Requirements. When required by the Direc-tor-Building Official, two (2) or more copies ofspecifications, and of drawings drawn to scalewith sufficient clarity and detail to indicate thenature and character of the work, shall accom-pany every application. Such drawings and spec-ifications shall contain information, in the form of


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notes or otherwise, as to the quality of materials,where quality is essential to conformity with thisbuilding code. Such information shall be specific,and this building code shall not be cited as awhole or in part, nor shall the term legal or itsequivalent be used, as a substitute for specificinformation. All information, drawings, specifica-tions and accompanying data shall bear the nameand signature of the person responsible for thedesign.

(b) Additional data. The Director-Building Of-ficial may require details, computations, stressdiagrams, and other data necessary to describethe construction and basis of calculations.

(c) Design professionals. All drawings, specifi-cations, and accompanying data shall bear thename and address of the designer. In the case ofbuildings or structures of Group E-Educational,Group I-Institutional and Group A-Assembly oc-cupancy, and all buildings or structures three (3)stories or more in height or five thousand (5,000)square feet in area, except one and two-familydwellings, such designer shall be an architect orengineer legally registered under the laws of thisstate regulating the practice of architecture orengineering and shall affix his official seal to saiddrawings, specifications and accompanying data.For all other buildings and structures, the sub-mittal shall bear the certification of the applicantthat some specific state law exception permits itspreparation by a person not so registered. GroupR-3 buildings, regardless of size, shall requireneither a registered architect or engineer, nor acertification that an architect or engineer is notrequired.

(d) Structural and fire resistance integrity. Plansfor all buildings shall indicate how required struc-tural and fire-resistive integrity will be main-tained where a penetration of a required fire-resistive wall, floor or partition will be made forelectrical, gas, mechanical, plumbing and commu-nication conduits, pipes and systems and alsoindicate in sufficient detail how the fire integritywill be maintained where required fire resistivefloors intersect the exterior walls.

Sec. 7-1-83. Site drawings; boundary line sur-

vey.

The Director-Building Official shall requiredrawings showing the location of the proposed

building or structure and of every existing build-ing or structure on the site or lot. He may alsorequire a boundary line survey, if necessary, pre-pared by a qualified surveyor.

Sec. 7-1-84. Hazardous occupancies.

The Director-Building Official may require thefollowing:

(a) General site plan. A general site plandrawn at a legible scale which shall in-clude, but not be limited to, the location ofall buildings, exterior storage facilities,permanent access ways, evacuation routes,parking lots, internal roads, chemical load-ing areas, equipment cleaning areas, stormand sanitary sewer accesses, emergencyequipment and adjacent property uses.The exterior storage areas shall be iden-tified with the hazard classes and themaximum quantities per hazard class ofhazardous materials stored.

(b) Building floor plan. A building floor plandrawn to a legible scale which shall in-clude, but not be limited to, all hazardousmaterials storage facilities within the build-ing and shall indicate rooms, doorways,corridors, exits, fire rates assemblies withtheir hourly rating, location of liquid-tight rooms, and evacuation routes. Eachhazardous materials storage facility shallbe identified on the plan with the hazardclasses and quantity range per hazardclass of the hazardous materials stored.

Sec. 7-1-85. Examination of permit applica-

tions and documents; inspec-

tion of buildings prior to permit

decisions.

(a) Review. The Director-Building Official shallexamine, or cause to be examined, each applica-tion for permit and the accompanying documents,consisting of drawings, specifications, computa-tions and additional data and shall ascertain bysuch examinations whether the construction indi-cated and described is in accordance with therequirements of the technical codes and all otherpertinent laws or ordinances.


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(b) Affidavits. The Director-Building Officialmay accept a sworn affidavit from a registeredarchitect or engineer stating that the plans sub-mitted conform to the technical codes. For build-ings and structures, the affidavit shall state thatthe plans conform to the laws as to egress, type ofconstruction and general arrangement and, ifaccompanied by drawings, show the structuraldesign and that the plans and design conform tothe requirements of the technical codes as tostrength, stresses, strains, loads and stability.The Director-Building Official may without anyexamination or inspection accept such affidavit,provided the architect or engineer who made suchaffidavit agrees to submit to the Director-Build-ing Official copies of inspection reports as inspec-tions are performed and upon completion of thestructure, electrical, gas, mechanical, or plumb-ing systems a certification that the structure,electrical, gas, mechanical or plumbing systemhas been erected in accordance with the require-ments of the technical codes. Where the Director-Building Official relies upon such affidavit, thearchitect or engineer shall assume full responsi-bility for the compliance with all provisions of thetechnical codes and other pertinent laws or ordi-nances.

(c) Before issuing a permit, the Director-Building Official may examine, or cause to beexamined, any building, electrical, gas, mechani-cal, or plumbing systems for which an applicationhas been received for permit to enlarge, alter,repair, move, demolish or change the occupancy.

Sec. 7-1-86. Issuing permits.

(a) Action on permits. The Director-BuildingOfficial shall act upon an application for a permitwith plans as filed, or as amended, without un-reasonable or unnecessary delay. If the Director-Building Official is satisfied that the work de-scribed in an application for permit and thedocuments filed therewith conform to the require-ments of the technical codes and other pertinentlaws and ordinances, he shall issue a permittherefor to the applicant.

(b) Refusal to issue permit. If the applicationfor a permit and the accompanying documentsdescribing the work do not conform to the require-

ments of the technical codes or other pertinentlaws or ordinances, the Director-Building Officialshall not issue a permit, but shall return thedocuments to the applicant with his refusal toissue such permit. Such refusal shall, when re-quested, be in writing and shall contain thereasons therefor.

(c) Public right-of-way. A permit shall not begiven by the Director-Building Official for theconstruction of any building, or for the alterationof any building where said building is to bechanged and such change will affect the exteriorwalls, bays, balconies, or other appendages orprojections fronting on any street, alley or publiclane, or for the placing on any lot or premises ofany building or structure removed from anotherlot or premises, unless the applicant has madeapplication at the office of the Director of publicworks for the lines of the public street on which heproposes to build, erect or locate said building;and it shall be the duty of the Director-BuildingOfficial to see that the street lines are not en-croached upon except as provided in chapter 3hereof.

Sec. 7-1-87. Contractor's responsibilities.

It shall be the duty of every contractor whoshall make contracts for the installation or re-pairs of building, structure, electrical, gas, me-chanical or plumbing systems, for which a permitis required, to comply with state and/or local rulesand regulations concerning licensing which theapplicable governing authority may have adopted.

Sec. 7-1-88. Special permits for foundation

pending permit issuance.

When application for permit to erect or enlargea building has been filed, and pending issuance ofsuch permit, the Director-Building Official may,at his own discretion, issue a special permit forthe foundation only of such building. The holderof such a special permit shall proceed at his ownrisk and without assurance that a permit for theremainder of the work will be granted or thatcorrections will not be required in order to meetthe provisions of the technical codes.


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Sec. 7-1-89. Conditions of permit.

(a) Permit intent. A permit issued shall beconstrued to be a license to proceed with the workand shall not be construed as authority to violate,cancel, alter, or set aside any of the provisions ofthe technical codes, nor shall such issuance of apermit prevent the Director-Building Official fromthereafter requiring a correction of errors in plansor in construction, or of violations of this buildingcode. Every permit issued shall become invalidunless the work authorized by such permit iscommenced within six (6) months after its issu-ance, or if the work authorized by such permit issuspended or abandoned for a period of six (6)months after the time the work is commenced;provided that, for cause, one (1) or more exten-sions of time, for periods not exceeding ninety (90)days each, may be allowed. The extension shall berequested in writing and justifiable cause demon-strated. Extensions shall be granted in writing bythe Director-Building Official.

(b) Permit issued on basis of affidavit. When-ever a permit is issued in reliance upon an affi-davit or whenever the work to be covered by apermit involves installation under conditions which,in the opinion of the Director-Building Official,are hazardous or complex, the Director-BuildingOfficial shall require that the architect or engi-neer who signed the affidavit or prepared thedrawings or computations shall supervise thework. In addition, they shall be responsible forconformity with the permit, provide copies ofinspection reports as inspection are performed,and upon completion make and file with thebuilding official written affidavit that the workhas been done in conformity with the reviewedplans and with the structural provisions of thetechnical codes. In the event such architect orengineer is not available, the owner shall employin his stead a competent person or agency whosequalifications are reviewed by the Director-Building Official.

Sec. 7-1-90. Permit fees.

(a) When due and payable. A permit shall notbe issued until the fees prescribed in this sectionshall have been paid, nor shall an amendment topermit be approved until the additional fee, if any,

due to an increase in the estimated cost of thebuilding, structure, electrical, plumbing, mechan-ical or gas systems, shall have been paid.

(b) Accounting of fees. The Director-BuildingOfficial shall keep a permanent and accurateaccounting of all permit fees and other moniescollected, the names of all persons upon whoseaccount the same was paid, along with the dateand amount thereof.

(c) Amount-fee schedule. On all buildings, struc-tures, electrical, plumbing, mechanical and gassystems or alterations requiring a permit, a feefor each permit shall be paid as required insubsection (a) of this section at the time of filingapplication, in accordance with the following sched-ule:

(1) Residential.

a. Single-family fee schedule.

Building, per sq. ft. un-der roof

$ 0.048

Electrical, per house 21.60Mechanical, per house 21.60Plumbing, per house 21.60Fireplace, each 6.00Inspection fee, perhouse on crawl space(10 inspections at$15.00 each)

150.00

Inspection fee, perhouse on slab(11 inspections at $15.00each)

165.00

b. Single-family attached (town houses).Where lot is sold with house, feesshall be same as for single-family.

c. Apartment and condominium dwell-ing units permit fees. The permit feewill be based on the constructioncost using fee schedule.

Electrical, per dwellingunit

$21.60

Mechanical, per dwell-ing unit

21.60

Plumbing, per dwellingunit

21.60

Fireplace, per unit 6.00

d. Fifteen dollars ($15.00) for each re-quired inspection per dwelling unit.


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e. All repairs, additions, alterations willbe based on cost of labor and mate-rials, using fee schedule, plus fifteendollars ($15.00) for each requiredinspection.

(2) Commercial, industrial, multifamily andpublic building, having total valuation.


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$100.00 and less No fee unless inspection required, in which case a $15.00 feefor each inspection shall be charged.

$101.00 to $2,000.00 $6.00 per thousand or fraction thereof.$2,001.00 to $15,000.00 $12.00 for the first $2,000.00 plus $3.60 for each additional

thousand or fraction thereof, to and including $15,000.00.$15,001.00 to $50,000.00 $58.80 for the first $15,000.00 plus $3.00 for each additional

thousand or fractions thereof, to and including $50,000.00.$50,001.00 to $100,000.00 $163.80 for the first $50,000.00 plus $2.40 for each additional

thousand or fraction thereof, to and including $100,000.00.$100,001.00 to $500,000.00 $283.80 for the first $100,000.00 plus $1.50 for each addi-

tional thousand or fraction thereof, to and including$500,000.00.

$500,000.00 and Up $883.80 for the first $500,000.00 plus $0.90 for each addi-tional thousand or fraction thereof.

(3) Moving of buildings or structures. For themoving of any building or structure, thefee shall be sixty dollars ($60.00).

(4) Demolition of buildings or structures. Forthe demolition of any building or struc-ture, the fee shall be thirty dollars ($30.00)per building, except that a complimentarypermit shall be issued to the fire depart-ment for burning a building as part of atraining exercise.

(5) All subcontractors and contractors for elec-trical, mechanical, plumbing, low voltageand sprinklers (buildings and grounds)will be required to purchase their ownpermits based on the fee schedule pro-vided in paragraph (2) of this subsection.

(6) All commercial repairs will be based onthe cost of contract using the fee schedulein paragraph (2) of this subsection forbuilding, electrical, mechanical, plumb-ing, low-voltage and sprinkler system con-tractors.

(7) Electrical permits for mobile homes shallbe twenty-four dollars ($24.00) and per-mit for electrical repairs to mobile homesshall be fifteen dollars ($15.00).

(8) Reinspection. If it is necessary to make areinspection for a required building, elec-trical, mechanical or plumbing inspectionbecause of improper work, the contractorresponsible shall pay a reinspection fee offifteen dollars ($15.00) for each reinspec-tion.

(d) Same—Permit valuation. Permit valua-tions shall include total cost, such as plumbing,electrical, mechanical equipment and other sys-tems, including materials and labor. If, in theopinion of the Director-Building Official, the val-uation of building, alteration, structure, electri-cal, gas, mechanical or plumbing systems appearsto be underestimated on the application, the per-mit shall be denied unless the applicant can showdetailed estimated cost to meet the approval ofthe Director-Building Official.

(e) Plan review fees. The fee for reviewing allplans shall be sixty (60) percent of the permitamount. One and two-family dwellings are ex-empt from plan review fees.(Ord. No. 5994, 1-20-98; Ord. No. 6182, § 1,7-20-99; Ord. No. 6579, §§ 1, 2, 12-17-02)

Sec. 7-1-91. Commencing work without per-

mit prohibited; penalty for vio-

lation.

A person, firm or corporation who commencesany work on a building, structure, electrical, gas,mechanical or plumbing system, or who causesthe same to be done, before obtaining the neces-sary permits, shall be subject to a five hundreddollar ($500.00) penalty for the first offense and aone thousand dollar ($1,000.00) penalty for thesecond offense and each offense occurring there-after.(Ord. No. 6574, § 1, 12-3-02)


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Sec. 7-1-92. Posting building permit card;

keeping approved drawings

available for inspection at site

required.

(a) Work requiring a building permit shall notbe commenced until the permit holder or hisagent shall have posted the building permit cardin a conspicuous place on the front of the pre-mises. The permit shall be protected from theweather and located in such position as to permitthe Director-Building Official or his authorizedrepresentative to conveniently make the requiredentries thereon. This permit card shall be main-tained in such position by the permit holder untilthe certificate of occupancy or completion hasbeen issued by the Director-Building Official.

(b) When the Director-Building Official issuesa permit, he shall endorse, in writing or by stamp,both sets of plans Reviewed for Code Compliance.One set of drawings so reviewed shall be retainedby the building official and the other set shall bereturned to the applicant. The permit drawingsshall be kept at the site of work and shall be opento inspection by the Director-Building Official orhis authorized representative.

Sec. 7-1-93. Filing contractor permit and cer-

tification; when required; pen-

alty for violation.

(a) Each contractor's permit and certificationshall be filed with the Director-Building Official,on a form furnished for that purpose, and shallcontain the location of the work, the buildingpermit number, the contractor's address and li-cense numbers, and such other information asmay be required by the Director-Building Official.The contractor's permit and certification shall besigned by the contractor and mailed or deliveredto the license and inspection department prior torequesting the first required inspection.

(b) If any person fails to submit to the inspec-tion department a contractor's permit and certifi-cation form for electrical, mechanical, gas or plumb-ing work before the first inspection is required, heshall be subject to a fifty dollar ($50.00) penalty.

Sec. 7-1-94. Inspections.

(a) Existing building inspections. The Director-Building Official shall inspect all buildings, struc-tures, electrical, gas, mechanical and plumbing

systems, from time to time, during and uponcompletion of the work for which a permit wasissued. He shall make a record of every suchexamination and inspection and of all violationsof the technical codes.

(b) Manufacturers and fabricators. Whendeemed necessary by the Director-Building Offi-cial, he shall make, or cause to be made, aninspection of materials or assemblies at the pointof manufacture or fabrication. He shall make arecord of every such examination and inspectionand of all violations of the technical codes.

Sec. 7-1-95. Same—Inspection service.

The Director-Building Official may make, orcause to be made, the inspections required bysection 7-1-94. He may accept reports of inspec-tors of recognized inspection services, providedthat after investigation he is satisfied as to theirqualifications and reliability. A certificate calledfor by any provision of the technical codes shallnot be based on such reports unless the same arein writing and certified by a responsible officer ofsuch service.

Sec. 7-1-96. Same—Inspection prior to issu-

ance of certificate of occupancy

or completion.

The Director-Building Official shall inspect orcause to be inspected at various intervals allconstruction or work for which a permit is re-quired, and a final inspection shall be made ofevery building, structure, electrical, gas, mechan-ical or plumbing system upon completion, prior tothe issuance of the certificate of occupancy orcompletion.

Sec. 7-1-97. Same—Required inspections.

The Director-Building Official, upon notifica-tion from the permit holder or his agent, shallmake the following inspections of buildings andsuch other inspections as may be necessary, andshall either approve that portion of the construc-tion or shall notify the permit holder or his agentof any violations which must be corrected in orderto comply with the technical codes:


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Required Inspections Special Conditions

Foundation: setback; footing Do not pour any concrete until inspectionsapproved

Concrete slab: building; Do not pour slab until plumbing; or block foun-dation inspections approved

Rough: electrical; framing; Do not cover work until mechanical; plumbinginspections approved

Finals: building; electrical; Do not occupy until inspections plumbing; me-chanical approved

Final Certificate of occupancy and final electric will not be authorized until inspections approved.(Ord. No. 5994, 1-20-98)

Sec. 7-1-98. Written approval required.

Work shall not be done on any part of abuilding, structure, electrical, gas, mechanical orplumbing system beyond the point indicated ineach successive inspection without first obtainingthe written approval of the inspector. Such writ-ten approval shall be given only after an inspec-tion has been made of each successive step in theconstruction or installation as indicated by eachof the foregoing inspections.

Sec. 7-1-99. Reinforcing steel and structural

frames.

Reinforcing steel or structural framework ofany part of any building or structure shall not becovered or concealed in any manner whatsoeverwithout first obtaining the approval of the Director-Building Official.

Sec. 7-1-100. Plaster fire protection.

In all buildings where plaster is used for fireprotection purposes, the permit holder or hisagent shall notify the Director-Building Officialafter all lathing and backing is in place. Plastershall not be applied until the approval of theDirector-Building Official has been received.

Sec. 7-1-101. Certificates of occupancy.

(a) Building occupancy. A new building shallnot be occupied or a change be made in occupancyor the nature or the use of a building or part of abuilding until after the Director-Building Officialshall have issued a certificate of occupancy there-for. Said certificate shall not be issued until allrequired electrical, gas, mechanical, plumbing

and fire protection systems have been inspectedfor compliance with the technical codes and otherapplicable laws and ordinances, and approved bythe Director-Building Official.

(b) Prerequisites to issuance; contents. Uponsatisfactory completion of construction of a build-ing or structure and installation of electrical, gas,mechanical and plumbing systems in accordancewith the approved plans and the technical codes,payment of all fees, and after the final inspectionherein referred to, and upon application therefor,the Director-Building Official shall issue a certif-icate of occupancy stating the nature of the occu-pancy permitted, the number of persons for eachfloor when limited by law, and the allowable loadper square foot for each floor in accordance withthe provisions of this building code.

(c) Temporary/partial certificates of occupancy.A temporary/partial certificate of occupancy maybe issued for a portion or portions of a buildingwhich may safely be occupied prior to final com-pletion of the building.

Sec. 7-1-102. Certificates of occupancy for

existing buildings.

A certificate of occupancy for any existing build-ing may be obtained by applying to the Director-Building Official and supplying the informationand data necessary to determine compliance withthis building code for the occupancy intended.When necessary, in the opinion of the Director-Building Official, two (2) sets of detailed draw-ings, or a general inspection, or both, may berequired. When, upon examination and inspec-


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tion, it is found that the building conforms to theprovisions of this building code for such occu-pancy, a certificate of occupancy shall be issued.

Sec. 7-1-103. Certificate of completion.

Upon satisfactory completion of a building,structure, electrical, gas, mechanical or plumbingsystem, a certificate of completion may be issued.This certificate is proof that a structure or systemis complete and for certain types of permits isapproved for use and may be connected to a utilitysystem. This certificate does not grant authorityto occupy or connect a building, such as a shellbuilding, prior to the issuance of a certificate ofoccupancy.

Sec. 7-1-104. Service utilities.

(a) Connection of service utilities. No personshall make connections from a utility, source ofenergy, fuel or power to any building or systemwhich is regulated by the technical codes forwhich a permit is required, until approved by theDirector-Building Official and a certificate of oc-cupancy or completion issued.

(b) Temporary connection. The Director-Build-ing Official may authorize the temporary connec-tion of a building or system to the utility source ofenergy, fuel or power for the purpose of testingbuilding service systems or for use under a tem-porary certificate of occupancy.

(c) Authority to disconnect service utilities. TheDirector-Building Official shall have the author-ity to authorize disconnection of utility service tothe building, structure or system regulated by thetechnical codes, in case of emergency where nec-essary to eliminate an immediate hazard to life orproperty. The Director-Building Official shall no-tify the serving utility, and whenever possible theowner and occupant of the building, structure orservice system, of the decision to disconnect priorto taking such action. If not notified prior todisconnecting, the owner or occupant of the build-ing, structure or service system shall be notifiedin writing, as soon as practical thereafter.

Sec. 7-1-105. Posting floor loads.

(a) Occupancy. An existing or new buildingshall not be occupied for any purpose which willcause the floors thereof to be loaded beyond theirsafe capacity. The Director-Building Official maypermit occupancy of a building for mercantile,commercial or industrial purposes, by a specificbusiness, when he is satisfied that such capacitywill not thereby be exceeded.

(b) Storage and facility-industrial occupan-cies. It shall be the responsibility of the owner,agent, proprietor or occupant of Group S andGroup F occupancies, or any occupancy whereexcessive floor loading is likely to occur, to employa competent architect or engineer in computingthe safe load capacity. All such computations shallbe accompanied by an affidavit from the architector engineer stating the safe allowable floor loadon each floor in pounds per square foot uniformlydistributed. The computations and affidavit shallbe filed as a permanent record of the license andinspection department.

(c) Signs required. In every building or part ofa building used for storage, industrial or hazard-ous purposes, the safe floor loads, as reviewed bythe Director-Building Official on the plan, shallbe marked on plates of approved design whichshall be supplied and securely affixed by theowner of the building in a conspicuous place ineach story to which they relate. Such plates shallnot be removed or defaced, and if lost, removed ordefaced, shall be replaced by the owner.

Sec. 7-1-106. Tests.

The Director-Building Official may require testsor test reports as proof of compliance. Requiredtests are to be made at the expense of the owner,or his agent, by an approved testing laboratory orother approved agency.

Secs. 7-1-107—7-1-115. Reserved.


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ARTICLE 6. CONSTRUCTION TRADES

REGULATION

Sec. 7-1-116. Registration of building con-

tractors and building inspec-

tors; payment of occupation tax,

bond and liability insurance re-

quired.

(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-1. Registration of building con-

tractors and building inspec-

tors; payment of occupation

tax, bond and liability insur-

ance required.

It shall be the duty of every contractor orbuilder who shall make contracts for the erectionor construction or repair of buildings for which apermit is required, and every contractor, privateinspector/consultant, builder or specialty contrac-tor making such contracts and subletting thesame, or any part thereof, to do the following.

(a) Obtain a business tax certificate in accor-dance with Title 2 of the Augusta-Rich-mond County Code; or, if a business taxcertificate or business license has beenobtained elsewhere in the State of Geor-gia and is current and valid, present acopy of said business tax certificate orlicense to the License & Inspection De-partment.

(b) Execute and deposit in the license andinspection department a bond as speci-fied. Such bond to be conditioned that allwork performed by the contractor or un-der his supervision shall be performed inaccordance with the provisions of thisbuilding code and that he shall pay allfees and penalties properly imposed uponhim for violations of the provisions of thisbuilding code.

(c) Place on file in the license and inspectiondepartment office a certificate of insur-ance for public liability and property dam-age for an amount not less than fiftythousand dollars ($50,000.00) for each per-son and one hundred thousand dollars($100,000.00) for each occurrence. It shall

be the responsibility of the contractor tonotify the License and Inspection officeimmediately upon cancellation of or changein public liability and property damageinsurance.

(d) Present proof of worker's compensationinsurance in amounts as required by thelaws of the State of Georgia. Each regis-trant under this Article must have work-ers compensation insurance on its employ-ees, as required by the laws of the state ofGeorgia. Failure to keep such workerscompensation insurance in force at alltimes shall be grounds for immediate re-vocation of the registration and the certif-icate evidencing same.

(e) Comply with the regulations provided insections 7-1-116-2 through 7-1-116-17.

(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-2. Definitions.

The following words, terms and phrases, whenused in this article, shall have the meaningsascribed to them in this section, except where thecontext clearly indicates a different meaning:.

Building Inspector/Consultant means a pri-vate person or entity which performs or offers toperform building inspection/consulting services.

Building official means that person designatedwith the title of building official employed withinthe License & Inspection Department.

Certificate means a registration certificate is-sued in accordance with this chapter.

City means Augusta, Georgia.

Commercial contractor means a person or en-tity which performs, supervises or offers to per-form or supervise the construction, installation,alteration, replacement or repair of a building orstructure, or the improvement of any kind to realproperty, for which a permit is required by theCode of Ordinances of Augusta, Georgia.

Commission means the Augusta-RichmondCounty Commission which is also known as theAugusta Commission.

§ 7-1-116-2BUILDING AND CONSTRUCTION

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Construction Board means the Augusta Con-struction Advisory Board established under thischapter (see §7-1-46).

Continuing Education Units means credits thatare received for participation in continuing edu-cation and professional development activities,i.e.: attending Construction Advisory Board meet-ings, Subdivision Regulation Committee meet-ings, and construction, development, and environ-mental seminars, etc.

Department means the License & InspectionDepartment.

Designated Committee means a committee ofthe commission designated by the commission toact as provided for in this article.

Residential builder means a person or entitywhich performs, supervises, or offers to performor supervise the construction, repair, improve-ment, or re-improvement of a residential buildingor structure which is not over three floors inheight and which does not have more than sixteenunits in any single apartment building, and/orany ancillary structures or facilities related tosuch residential buildings for which a permit isrequired by the Code of Ordinances of Augusta,Georgia. Residential builders are authorized tobuild commercial structures up to 5,000 squarefeet of heated area.

Specialty contractor means a person or entitywhich is not a registered residential builder orcommercial contractor which performs or offers toperform construction installation, alteration, re-pair, improvement, or alteration of a specificaspect of any part of a building, structure or otherimprovement to real estate which requires specialskills and involves the use of specialized construc-tion trades or craft, involving the following ele-ments of construction work for which a permit isrequired by the Code of Ordinances of Augusta,Georgia:

(a) Roofing

(b) Pool construction

(c) Landscaping

(d) Yard sprinkler installation(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-3. Registration required.

Any person or other entity desiring to own,operate, conduct and carry on, in Augusta, thebusiness of performing services as a residentialbuilder, commercial contractor, specialty contrac-tor, or private building inspector/consultant be-fore doing so, shall register with the City asherein provided and shall have in his possession athen current certificate. A registrant holding aspecialty contractor certificate is not registered toown, operate, conduct or carry on a business ofproviding the services of a residential builder orcommercial contractor. A registrant holding aresidential builder certificate is not registered toown, operate or conduct a business of providingthe services of a commercial contractor, but mayprovide the services of a specialty contractor. Aregistrant holding a commercial contractor's cer-tificate may perform the services of a residentialbuilder or a specialty contractor. A registrantholding a private building inspector/consultantcertificate may perform only the services of build-ing inspection.

A certificate for any entity that is not a naturalperson must be held by an owner, partner, mem-ber, or officer of the business entity who is prima-rily responsible for the oversight of the perfor-mance of the construction services offered by theregistrant in Augusta, Georgia.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-4. Qualifications for a residen-

tial builder's registration and

certificate.

(A) In order to register as a residential builderand obtain a residential builder's certificate un-der this article, the applicant must satisfy thefollowing requirements:

(1) File with the commission a written appli-cation on a form as prescribed by thecommission.

(2) Present proof of a passing grade on theNational Standardized Contractor Exam-ination for residential builders or anyother examination for residential buildersthat is approved for this purpose by thecommission or certification by a residen-tial builder or commercial contractor reg-

§ 7-1-116-2 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007

T7:30

istered in the City that the applicant hasa minimum of one year of actual experi-ence or a certificate of completion in abuilding construction related field from atechnical school. Proof of licensure in goodstanding in other jurisdictions followingpassage of any examination which hasbeen determined by the Building Officialto be a comparable examination to thatrequired by this ordinance, including, butnot limited to, South Carolina, Florida,North Carolina, Tennessee, Alabama andsuch other jurisdictions as the commis-sion shall approve shall be sufficient tosatisfy the requirements of this para-graph.

(3) Present proof of worker's compensationinsurance in amounts as required by thelaws of the State of Georgia. Failure tokeep such workers compensation insur-ance in force at all times shall be groundsfor immediate revocation of the registra-tion and the certificate evidencing same.

(4) Submit executed bond on the form andwith a surety approved by the commissionin the sum of not less than fifteen thou-sand dollars.

(5) Provide certification from the providers ofcontinuing education for contractors thatthe applicant has received not less than 6hours of such continuing education in thepreceding calendar year. Continuing Ed-ucation Units means credits that are re-ceived for participation in continuing ed-ucation and professional developmentactivities, i.e.: attending Construction Ad-visory Board meetings, Subdivision Reg-ulation Committee meetings, and construc-tion, development, and environmentalseminars, etc. One hour of credit is re-ceived for each meeting or seminar that isattended.

(B) The License & Inspection Department shallregister the applicant as a residential builder if,based on the information generated in the appli-cation process or obtained from sources reason-ably believed by the commission to be credible,the commission finds that the applicant has met

all of the requirements and demonstrated anability to engage in the business of serving as aresidential builder in the City. The submission offalse or misleading information in the applicationwill be a basis for denying or revoking a registra-tion.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-5. Qualifications for a commer-

cial contractor's registration

and certificate.

(A) In order to register as a commercial con-tractor and obtain a commercial contractor's cer-tificate under this article, the applicant mustsatisfy the following requirements:


(2) Present proof of a passing grade on theNational Standardized Contractor Exam-ination for commercial contractors or anyother examination for commercial contrac-tors that is approved for this purpose bythe commission, or certification by a com-mercial contractor registered in that Citythat the applicant has a minimum of oneyear actual experience under a licensedgeneral contractor or a certificate of com-pletion in a building construction relatedfield from a technical school. Proof oflicensure in good standing in other juris-dictions following, a passage of any exam-ination which has been determined by theBuilding Official to be a comparable ex-amination to that required by this ordi-nance, including, but not limited to, SouthCarolina, Florida, North Carolina, Tennes-see, Alabama and such other jurisdictionsas the commission shall approve shall besufficient to satisfy the requirement ofthis paragraph.

(3) Present proof of worker's compensationinsurance in amounts as required by thelaws of the State of Georgia. Failure tokeep such workers compensation insur-ance in force at all times shall be groundsfor immediate revocation of the registra-tion and the certificates evidencing same.


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(4) Submit executed bond in the form andwith a surety approved by the commissionin the sum of not less than twenty thou-sand dollars.

(5) Provide certification from the providers ofcontinuing education for contractors thatthe applicant has received not less than 6hours of such continuing education in thepreceding calendar year. Continuing Ed-ucation Units means credits that are re-ceived for participation in continuing ed-ucation and professional developmentactivities, i.e.: attending Construction Ad-visory Board meetings, Subdivision Reg-ulation Committee, meetings, and con-struction, development, and environmentalseminars, etc.

(B) The License & Inspection Department shallregister the applicant as a commercial contractorif, based on the information generated in theapplication process or obtained from sources rea-sonably believed by the commission to be credible,the commission finds that the applicant has metall of the requirements and demonstrated anability to engage in the business of serving as acommercial contractor in the City. The submis-sion of false or misleading information in theapplication will be a basis for denying or revokinga registration.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-7-116-6. Qualifications for a specialty

contractor's registration and

certificate.

(A) In order to register as a specialty contrac-tor and obtain a specialty contractor's certificateunder this article, the applicant must satisfy thefollowing requirements.


(2) Present proof of worker's compensationinsurance as required by the laws of theState of Georgia. Failure to keep suchworkers compensation insurance in forceat all times shall be grounds for immedi-ate revocation of the registration and thecertificates evidencing same.

(3) Submit executed bond in the form andwith a surety approved by the commissionin the sum of not less than five thousanddollars.

(B) The commission shall register the appli-cant as a specialty contractor if, based on theinformation generated in the application processor obtained from sources reasonably believed bythe commission to be credible, the commissionfinds that the applicant has met all of the require-ments and demonstrated an ability to engage inthe business of serving as a specialty contractor inthe designated areas of specialty in Augusta. Thesubmission of false or misleading information inthe application will be a basis for denying orrevoking a registration.

(C) The field and scope of the operations of aspecialty contractor in the City are limited tothose in which the specialty contractor is regis-tered.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-7. Do it yourself registration for

single family residential prop-

erty owner.

(A) An owner of single family residential prop-erty who improves the property or who builds orimproves structures or appurtenances on the prop-erty which require a building permit must applyfor a do it yourself registration and certificatewhich will be good for and apply only to thespecific construction project described therein if:

(1) the owner does the work himself, with hisown employees, or serves as his own res-idential builder using licensed specialtycontractors;

(2) the structure, group of structures, or ap-purtenances, including the improvements,are intended for the owner's sole occu-pancy or occupancy by the owner's familyand are not intended for sale or rent; and

(3) the general public does not have access tothis structure.

(B) In order to register for a do it yourselfproject and obtain a do it yourself certificateunder this article, the applicant must satisfy thefollowing requirements:

(1) File with the commission a written appli-cation on a form as prescribed by thecommission;


T7:32

(2) Present a statement describing the projectto be constructed, the role that the appli-cant will play in the construction, listingthose who will be involved in performingany of the construction work and listingthe applicant's education, training expe-rience and other related factors demon-strating the applicant's ability and fitnessto perform the work; and

(3) Present proof of worker's compensationinsurance coverage in the amount re-quired by the laws of the State of Georgiafor those working on the project. Failureto keep such workers compensation insur-ance in force at all times shall be groundsfor immediate revocation of the registra-tion and the certificates evidencing same.

(C) The commission shall register the appli-cant as a do it yourself contractor if, based on theinformation generated in the application process,or obtained from sources reasonably believed bythe commission to be credible, the commissionfinds the applicant is at least minimally qualifiedto construct the do it yourself project in accor-dance with the ordinances of the City. The sub-mission of any false or misleading information inthe application will be a basis for denying orrevoking a registration.

(D) To qualify for a do it yourself registrationunder this section, an owner must personallyappear and sign the building permit application.The department shall provide the person with adisclosure agreement in substantially the follow-ing form, which must be signed by the registrantagreeing to the terms thereof:

"Disclosure Agreement"

The Undersigned Agrees As Follows:

Augusta, Georgia ordinances require that res-idential construction work shall be performedby registered residential builders. I have ap-plied for a do it yourself registration. Theregistration allows me, as the owner of myproperty, to act as my own residential buildereven though I have not registered as a residen-tial builder. I must supervise the ? constructionmyself. I may build or improve a single-familyresidence for use and occupancy only by myself

and my family. It may not be built for sale orrent. If I sell or rent a building I have builtmyself within two years after the constructionis complete, it will be presumed (subject to anyright to rebut same) that I built the home forsale or rent, which is a violation of the ordi-nance. I may not hire an unregistered personor entity to perform services for me as a resi-dential builder. It is my responsibility to makesure that people employed by me have theregistration certificates required by Augusta'scontractor registration ordinances. My construc-tion must comply with all applicable laws,ordinances, building codes, and zoning regula-tion.

_______________________Registrant's Signature

(E) Nothing in this chapter may be construedto authorize an owner of residential property tohire or engage a person or entity that is notregistered in accordance with this Article, and anOwner shall not use a person as a superintendentwho performs many of the duties of a registeredresidential builder, unless such person is a regis-tered residential builder.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-8. Qualifications for home and

commercial private building

inspectors/consultants—Reg-

istration required.

(A) In order to register as a private residentialhome inspector/consultant or a private commer-cial building inspector/consultant and obtain aresidential or commercial private sector buildinginspector's/consultant's certificate under this ar-ticle, the applicant must satisfy the followingrequirements:

(1) Present proof of current certification bythe American society of Home Inspectors,or any other national certifying agency forbuilding inspectors that is approved forthis purpose by the Commission, as aprivate building inspector for residentialand commercial structures.



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(3) Present proof of worker's compensationinsurance in amounts as required by thelaws of the State of Georgia. Failure tokeep such workers compensation insur-ance in force at all times shall be groundsfor immediate revocation of the registra-tion and the certificates evidencing same.

(4) Provide certification from the providers ofcontinuing education for building inspec-tors that the applicant has received notless than 6 hours of such continuing edu-cation in the preceding calendar year.Continuing Education Units means cred-its that are received for participation incontinuing education and professional de-velopment activities, i.e.: attending Con-struction Advisory Board meetings, Sub-division Regulation Committee meetings,and construction, development, and envi-ronmental seminars, etc.

(B) The commission or examining officials shallregister the applicant as a building inspector if,based on the information generated in the appli-cation process or obtained from sources reason-ably believed by the commission or examiningofficials to be credible, the commission or exam-ining officials finds that the applicant has met allof the requirements and demonstrated an abilityto engage in the business of serving as a buildinginspector in the County in a competent and ethi-cal manner. The submission of false or misleadinginformation in the application will be a basis fordenying or revoking a registration.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-9. Forms for application for reg-

istration.

(A) Application Forms for registration underthis Article shall require, but shall not be limitedto the following information:

(1) The name and address of each applicant.

(2) A description of all of the goods and ser-vices to be offered by the proposed busi-ness, and the type of registration beingsought.

(3) The name of the business and location ofthe principal office of the business to becarried on.

(B) Incomplete applications; swearing to be-fore notary public. Failure to pay the license,administrative and investigative fees at the timeof filing the registration application, or failure tofurnish all information as required by an applica-tion form, will cause the application to be deemedto be incomplete and no action will be takenthereon until such application is complete. Allapplications shall be sworn to by the applicantbefore a notary public or other officer empoweredby law to administered oaths.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-10. Approval Procedures.

An application for a registration or renewal ofregistration under this article shall be presentedto the Commission within 45 days after the datesuch application is deemed complete.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-11. Expiration; renewal of reg-

istration.

(A) Each registration granted under this arti-cle shall expire on December 31 of the thirdcalendar year in which the certificate was issued.To renew a registration the person or entityholding the current registration shall file with thecommission, on a form as prescribed by the com-mission, a written application for renewal of theregistration. Such application form shall includebut not be limited to updated information of thatcalled for in the prior years registration or re-newal application.

(B) If a registration expires and is not renewedwithin one (1) year after its expiration, the holderof such certificate seeking to again register willhave to apply for registration as a new registrantand will not be allowed to use the reapplicationprocess.

(C) As a condition of registration renewal, reg-istrant must satisfactorily complete 18 hours ofcontinuing education.


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(D) Renewal applications shall be approved ifthe commission or designated committee findsfrom the information available that the applicanthas met all of the requirements, complied withthis Article and demonstrated an ability to engagein the business covered by the registration soughtto be renewed. The submission of false or mislead-ing information in the renewal application will bea basis for denying or revoking a renewal of theregistration.

(E) A registrant must notify the commission inwriting within thirty days of any change in theinformation required to be on file with the com-mission including, but not limited to, the licensee'scurrent mailing address.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-12. Phase in procedures.

(A) Any applicant seeking to register underthis Article as a residential builder or commercialcontractor in calendar years 2005 and 2006 willnot be required to meet the examination require-ment set out in Sections 7-1-116-4-(A)2) or 7-1-116-5-A(2) as the case may be if such applicantfiles proof in a form acceptable to the examiningofficials that in the two years preceding the dateof the application the applicant, acting in thecapacity of residential builder or commercial con-tractor, as the case may be, started, pursued andsuccessfully completed not less than three con-struction jobs of the type for which the applicantis seeking registration. The term "successfullycompleted" for this purpose shall mean that suchjob has been completed prior to the filing of theapplication. Such jobs need not be located in theCity.

(B) Any applicant seeking registration underthis Article as a building inspector/consultant incalendar years 2005 and 2006 will not be requiredto meet the examination requirement set forth inSection 7-1-116-8 A(2) if such applicant files proofin a form acceptable to the examining officialsthat in the two years preceding the date of theapplication, the applicant, acting as a buildinginspector, has performed and successfully com-pleted not less than three building inspection jobsof the type applicant is proposing to conduct ifregistered. The term "successfully completed" for

this purposed shall mean that such inspection hasbeen completed prior to the filing of the applica-tion. Such inspections need not have been per-formed on property located in the City.

(C) The provisions of this Section 7-1-116-12shall expire without any further action requiredby the Board of Commissioners on January 1,2007 and thereafter shall be of no further forceand effect.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-13. Transferability.

No registration under this article shall be trans-ferable.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-14. Standards of performance

and quality.

(A) All registrants under this article are re-quired to provide the construction services whichthey are registered to perform in accordance withall applicable ordinances, construction standardsand building codes adopted by the state and Cityand all applicable state and federal laws, rulesand regulations or acceptable insured warranties.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-15. Exemption from complaint

handling procedure.

(A) If the complainant possesses an insuredwarranty provided by the registrant, the remedyof the complainant is through the complaint res-olution procedures of the warranty company. At aminimum the insured warranty provided by theregistrant must include one-year coverage fordefects in material and workmanship and tenyear coverage for major structural defects.

(B) Code violations are not exempt.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-16. Procedure for handling com-

plaints.

(A) Complaint and Right to Hearing. Any party,including the City, may file a complaint against aregistrant under this Article for violation of theprovisions of this Article. The complaint shall befiled in writing on a form prepared by the building


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official which form shall be completed and swornto by the person filing the complaint. The buildingofficial shall give written notice of a complaint tothe registrant being complained against. The build-ing official shall try to resolve the complaintbetween the complainant and the registrant. Ifthe complaint is not resolved in this manner, thebuilding official shall make a determination as towhether or not the complaint could involve aviolation of this article and notify the complain-ant and the registrant of this determination. Ifthe building official determines that the com-plaint could involve a violation of this article, thecomplaint shall be heard by the constructionboard in an open hearing. The building officialshall give the complainant and the registrantnotice of the time and place of the hearing whichmust be mailed at least thirty (30) days before thedate fixed for the hearing. The notice of thehearing shall set forth the nature of the complaintbeing made with reference to any relevant sup-porting documents that have been provided to thebuilding official by the complainant. The noticemust be sufficiently adequate to apprise the reg-istrant of the charges against it.

(B) Rights of hearing participants. Any partic-ipant in the hearing shall be entitled to be accom-panied and represented at the hearing by anattorney or other person of the participant's choice.During a hearing, the representatives of each ofthe participants shall have the right to:

(1) Call and examine witnesses who voluntar-ily agree to appear on behalf of the par-ticipant calling such witnesses. Notice isgiven to the participants that the construc-tion board does not have the legal powerof subpoena.

(2) Introduce exhibits and documents rele-vant to the issues.

(3) Cross-examine witness of other partici-pants on any matter relevant to issues.

(4) Rebut any evidence.

(5) Request that the record of the hearing bemade by use of a court reporter (if suchrequest is made at least ten (10) daysprior to the hearing date or, if the mate-

rial is to be reduced to writing promptlyafter the hearing, an electronic recordingunit.

If any of the participants in the hearing do nottestify in their own behalf, such participant maybe called and examined by another participant asif under cross-examination.

(C) Presiding officer. The chairman of the con-struction board, or in his absence the vice chair-man or in the absence of both the chairman andvice chairman a member of the construction boarddesignated by the members present at the hear-ing shall be the presiding officer at the hearing.The presiding officer shall act to maintain deco-rum and to assure that all participants in thehearing have a reasonable opportunity to presentrelevant oral and documentary evidence. Thepresiding officer shall be entitled to determine theorder of proceedings during the hearing, to pro-mulgate rules of procedure not inconsistent withthis Article, to exclude or remove any person whois disruptive to an orderly and professional hear-ing, and to refuse to admit evidence, which is notrelevant to the subject matter of the hearing.Service as the presiding officer shall not in anyway prevent the presiding officer from full partic-ipation in the deliberations and actions of theconstruction board on the matter. The presidingofficer may in his/her discretion appoint a parlia-mentarian to serve as an advisor to the presidingofficer on procedural matters during the course ofthe hearing and in preparing the constructionboard's report. The parliamentarian may in thediscretion of the presiding officer be present dur-ing deliberations by the construction board, butshall not have a vote on the matters to be deter-mined by the construction board.

(D) A record of the hearing shall be kept that isof sufficient accuracy to permit the making of aninformed judgment by anybody that may later becalled upon to review the record and render adecision in the matter. The presiding officer of thehearing shall select the method to be used, suchas court reporter, electronic recording unit, de-tails transcription or minutes of the proceedingsfor making the record, subject to the right ofeither participant set forth in subsection B(5) ofthis section. If a court reporter is requested by


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either participant, the take down charge of thecourt reporter shall be paid equally by the partic-ipants to the hearing and each participant shallbear the cost of obtaining copies of the transcriptfor such participant's use.

(E) Obligations to present evidence. The com-plainant shall have the initial obligation to presentevidence in support of the complaint. The regis-trant shall thereafter be responsible for present-ing evidence in support of the registrant's re-sponse to and defense against the complaint.Following the close of the registrant's evidence,the complainant shall have the right to introduceevidence in rebuttal of that presented by theregistrant. The construction board shall base itsdecision only on the evidence introduced at thehearing. It shall be the function of the construc-tion board to determine whether the complaintinvolves a violation of this Article and if so thecorrective action as specified in this article to betaken against the registrant. Such decision mustbe supported by a preponderance of the evidencepresented at the hearing.

(F) Evidence permitted. The hearing need notbe conducted in accordance with the rules ofevidence which are followed in a court of law. Thepresiding officer may permit the admission of anyrelevant evidence, which at his/her discretion is ofthe type on which responsible people customarilyrely in the conduct of serious affairs.

(G) Construction board report. Within twenty-one (21) days after the closing of the hearing, theconstruction board shall make a written report ofits findings and determinations in the matter andshall forward the same together with the hearingrecord and all other documentation introduced atthe hearing to the commission. A copy of thereport shall be sent to the participants in thehearing. The construction board report shall con-cisely state the reasons for the findings andrecommendations made in the report and howsuch findings are supported by the facts and theevidence as presented at the hearing. The con-struction board report shall specifically recom-mend any corrective action as specified in thisarticle that the construction board finds should betaken. The construction board may request theparticipants in the hearing to submit proposed

findings and recommendations for its consider-ation in preparing its report. No participant shallbe required to submit proposed findings and rec-ommendations. If requested, proposed findingsand recommendations must be submitted to theconstruction board within fourteen (14) days afterthe closing of the hearing.

(H) Appeal. If any participant in the hearingdesires to appeal the findings and recommenda-tions of the construction board, such participantfile a written request for such an appeal with theClerk of the Augusta Commission within fifteen(15) days after the mailing of a copy of theconstruction board's report. Failure to file a timelyrequest for appeal shall constitute waiver by theparty of his/her rights to appeal the report of theconstruction board from the construction board.

(I) Hearing of the appeal. Any appeal shall beheard by the Augusta Commission. The Clerk ofCommission shall set a date and time for thehearing of the appeal and the participants shallbe notified in writing thereof. The date of thehearing of the appeal shall be set as soon aspossible but not less than thirty (30) days afterthe date of the notice of the appeal is received bythe Clerk of the Commission.

(1) After timely filing of an appeal to theAugusta Commission and prior to anyassignment of the appeal for hearing onany agenda of the Augusta Commission,the appealing party shall submit the caseto mediation.

(2) The Commission mediator shall be a per-son chosen by the agreement of the ap-pealing party and the Construction Board.In the event the appealing party and theConstruction Board cannot agree uponthe appointment of a mediator, the medi-ator shall be the Director of Planning &Zoning or his/her designee.

(3) Any fee charged by the mediator for pro-fessional mediation services shall be paidby the appealing party prior to the com-mencement of the mediation.

(4) If the mediation is not scheduled andheard within thirty (30) days of the filingof the appeal, the decision of the Construc-


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tion Board shall be affirmed without fur-ther hearing by the Augusta Commission.

(5) The Augusta may affirm the determina-tion made by the Construction Board, or ifthe Augusta Commission finds that theConstruction Board abused its discretionin reaching its decision, the Augusta Com-mission may modify or reverse the deter-mination made by the Construction Board.Appeals from decisions of the AugustaCommission may be taken to the SuperiorCourt of Richmond County, Georgia in themanner provided by law.

(J) Written statements. The party seeking theappeal shall submit a written statement detailingthe findings, conclusions, recommendations andprocedural matters with which such participantdisagrees and the reasons for such disagreement.The written statement may cover any mattersraised at any step in the hearing process and legalcounsel may assist in the preparation thereof.The statement shall be submitted to the buildingofficial at least ten (10) days prior to the sched-uled date for the hearing of the appeal, with acopy being furnished to the other participants. Asimilar written statement and reply may be sub-mitted by the other participants at least two (2)days prior to the scheduled date of the hearing onthe appeal with a copy being furnished to theother participants. Failure of the appealing partyto file such written statement in a timely mannershall constitute a waiver of such participant'srights to appellate review.

(K) Oral arguments. If the participant request-ing an appeal desires to have oral argumentsbefore the Commission hearing the appeal, he,she or it shall so state in the request for appeal. Ifthe other participants desire oral arguments be-fore the Commission hearing the appeal, he, sheor it shall file a request with the building officialwithin five (5) days after the filing of the requestfor appeal. No party shall have a right to oralargument and the decision as to whether or not topermit oral argument shall be entirely within thediscretion of the Commission hearing the appealas the case may be. Oral arguments may berequired by the commission or the designatedcommittee hearing the appeal as the case may be,even if not requested by any participant. If oral

arguments are made, they may be presented foreach participant by one representative of suchparticipant.

(L) Consideration of new or additional mat-ters. New or additional matters or evidence notraised or presented during the hearing before theconstruction board or in the construction board'sreport, nor otherwise reflected in the record, shallnot be introduced during the appellate process.The commission or the designated committee hear-ing the appeal, in its sole discretion, shall deter-mine whether such matters or evidence shall beconsidered or accepted.

(M) Function of Commission (See Subsection"N" below)

(N) The Commission may recommend affirma-tion, reversal or modification of the findings andrecommendations of the construction board or itmay refer the matter back to the constructionboard with directions for further consideration oradditional hearings.

(O) Action by the commission. Once the hear-ing and appeal process has been completed or theparticipants involved have waived their rights toany further hearing or appeal hereunder, thecommission may act upon the findings and rec-ommendations made to it by the constructionboard as modified by the findings and recommen-dations on any appeal which may have beentaken thereto and such action by the commissionshall be final and subject to no further appeal.Notice of the final action of the commission shallinclude a statement of the basis for the decisionand shall be promptly given to the participants inthe hearing.

(P) Corrective action. The commission on mo-tion adopted by not less than six affirmative votesmay revoke or suspend for such period of time upto one (1) year as the commission shall specify theregistration of the registrant or reprimand theregistrant and/or fine the registrant in an amountnot to exceed $1,000 if it finds that the registrant:

(a) Violated the obligations of the registrantin performing construction services as pro-vided for in this article;


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(b) Committed fraud or deceit in obtainingregistration under this article; or

The building official or commission mayrequire the forfeiture of the surety bond ifthe registrant fails to make necessaryrepairs required by the commission afterthe hearing and appeal process have beencompleted. The property owner will bepaid an amount to cover documented costsup to the amount of the repairs or theamount of the surety bond, whichever islower. County funds will not be used topay the cost of repairs.

(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-116-17. Violation; penalties.

In addition to a suspension or revocation of aregistration, a person or entity which engages oroffers to engage in the business of providing theservices of a residential builder, specialty contrac-tor, commercial contractor, do-it-yourselfer, or pri-vate building inspector/consultant without firsthaving registered with the City, which registra-tion has not expired or been revoked or sus-pended, or who knowingly presents to, or fileswith, the City false information for the purpose ofobtaining registration shall be subject to thepenalties as set forth in Section 1-6-1 of the Codeof Ordinances of Augusta, Georgia.(Ord. No. 6704, § 1, 6-15-04)

Sec. 7-1-117. Performing electrical, plumb-

ing, and HVAC work.

Electrical, Plumbing, and HVAC contractorsrequired to employ State certified personnel. Be-fore being licensed to perform electrical, plumb-ing, and HVAC contracting and construction inAugusta-Richmond County, each person, firm orcorporation desiring such license shall have aperson regularly employed who has been certifiedby the Georgia State Construction Industry Board(O.C.G.A. Title 43).

Sec. 7-1-118. Limitations on use of master

electrician's or plumber's cer-

tificate to obtain permit.

(a) No person holding State certification as anelectrician, plumber or HVAC contractor (condi-tioned air) shall allow his certification to be used,

directly or indirectly, for the purpose of obtaininga permit, business license, or to perform workunless said person is employed by the firm apply-ing for the permit, business license or performingsaid work.

(b) Any person or persons found guilty of usinganother person's master's certificate for the pur-pose of obtaining a permit or doing work under acertificate other than his own shall be subject topenalty as prescribed in section 7-1-120.

Sec. 7-1-119. Exemptions from sections 7-1-

117 through 7-1-118.

(a) Owner wiring residence. Nothing containedherein shall prevent or prohibit an owner fromdoing electrical or plumbing work in a dwelling inwhich he resides; provided, however, such ownershall pay required permit fees and shall makesuch installations as required by this buildingcode for safety purposes and provided, however,such person does not employ a journeyman elec-trician or plumber to assist with work.

(b) Industry maintenance department. Any man-ufacturing industry employing fifty (50) or moreworkers and operating its own maintenance de-partment shall be exempt from the provisions ofthis article, except that the installations shall bein compliance with the standards provided by theapplicable code.

Sec. 7-1-120. Penalties for violations of sec-

tions 7-1-117 through 7-1-118.

(a) Any violation of any of the provisions, sec-tions or subsections of sections 7-1-117 through7-1-118, shall be tried as a misdemeanor andpunished as provided in section 1-6-1 of this Code.The inspector shall have the authority to issue orcause to be issued a subpoena to the personviolating said sections to appear in the appointedcourt for a hearing.

(b) Any person, firm or corporation who shallcontinue to violate sections 7-1-117 through 7-1118,shall, after due consideration by the CommissionCouncil, pursuant to the provision of section 7-1-136 hereof, forfeit his or their licenses and/orcertificates issued under the terms of said sec-tions. No licenses and/or certificates shall be


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reinstated within thirty (30) days after havingbeen revoked, and no such reinstatement shall bemade without examination as required by sec-tions 7-1-117 through 7-1-118.

(c) In addition to (a) of this section, any person,firm or corporation who violates 7-1-117 through7-1-118 will be reported to the State ConstructionIndustry License Board for further punitive ac-tion as provided for in O.C.G.A. (Title 43).

Secs. 7-1-121—7-1-130. Reserved.

ARTICLE 7. MAINTENANCE—

GENERALLY

Sec. 7-1-131. Required.

All buildings or structures, both existing andnew, and all parts thereof, shall be maintained ina safe and sanitary condition. All devices or safe-guards which are required by this building code ina building when erected, altered, or repaired shallbe maintained in good working order. The owner,or his designated agent, shall be responsible forthe maintenance of buildings and structures.

Sec. 7-1-132. Definitions.

(a) Abandoned vehicle. Abandoned motor vehi-cle as defined in section 40-11-1 of the officialCode of Georgia Annotated.

(b) Augusta-Richmond County. Augusta-Rich-mond County, Georgia.

(c) Blighted. Unsightly conditions including theaccumulation of debris; fences characterized byholes, breaks, rot, crumbling, cracking, peeling orrusting; landscaping that is dead or damagedthrough the natural elements; and any othersimilar conditions of disrepair and deterioration.

(d) Building. Any structure designed for occu-pancy including manufactured homes, factory builtbuildings, and like property for which taxes maybe assessed together with all garages, outbuild-ings and accessory structures.

(e) Brush. Shrubs or growth which present ormay present a blight or fire hazard.

(f) Commission. The Augusta-Richmond CountyCommission or its designated representative.

(g) Debris. Substance of little or no apparenteconomic value, which may be present in a stateof apparent unpremeditated disarray.

(h) Deterioration. A lowering in quality in thecondition or appearance of a building or partsthereof characterized by holes, breaks, rot, crum-bling, cracking, peeling, rusting or any otherevidence of physical decay or neglect or excessiveuse or lack of maintenance.

(i) Dwelling. Any building or a portion thereofwhich is intended, or designated to be built, used,rented, leased, let, or hired out to be occupied, orwhich is occupied for living purposes by humans.

(j) Excavation. Wells, shafts, basements, cess-pools, septic tanks, fish ponds, and other like orsimilar conditions more than six (6) inches indiameter and three (3) feet in depth.

(k) Exterior opening. An open or closed win-dow, door, or passage between interior and exte-rior spaces.

(l) Garbage. Swill, offal, and any accumulationof animal, vegetable or other matter that attendsthe preparation, handling, consumption, storageor decay of plant and animal matter includingmeats, fish, fowl, buds, fruits, vegetable or dairyproducts and the waste wrappers or containersthereof and filthy or odoriferous objects.

(m) Hazardous waste. Any chemical, com-pound, mixture, substance or article which isidentified or listed by the United States Environ-mental Protection Agency or appropriate agencyof the State to be Hazardous Waste as defined in40 C.F.R. Sections 261.1 through 261.33, exceptthat, for purposes of this ordinance hazardouswaste shall include household waste as defined in40 C.F.R. 261.4 Bl.

(n) Litter. Decaying or non-decaying solid andsemi-solid wastes, including but not limited toboth combustible and noncombustible wastes, suchas paper, trash, cardboard, waste material, tincans, yard clippings, wood, glass, debris; scrappaving material, discarded appliances, discardedfurniture, bedding, dry vegetation, weeds, deadtrees and branches, overgrown vegetation and


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trees which may harbor insect or rodent infesta-tions or may become a fire hazard, piles of earthmixed with any of the above or any foreignobjects.

(o) Occupant. A legal entity that, through rightsof ownership or rental, has the use and enjoymentof the subject real property for residential orcommercial purposes.

(p) Owner. A legal entity listed as current orrightful owner as recorded in the official recordsof the Clerk of Superior Court of Richmond County,Georgia.

(q) Responsible party. An occupant, lessor, les-see, manager, licensee, or other person havingcontrol over a structure or parcel of land.

Sec. 7-1-133. Maintenance standards.

(a) Exterior surfaces. All exposed exterior sur-faces, windows and doors of all residential, com-mercial and other buildings and structures shallbe maintained so as to be free of deteriorationthat is a threat to health and safety or otherwisepresents a deteriorated or blighted appearance.Windows, doors, locks on doors, hinges must bepresent and installed properly. These items mustbe free from deterioration or blighting conditions.Examples of such deterioration and blight includebut are not limited to: improperly anchored can-opies, metal awnings, stairways, exhaust ducts,and overhead extensions; chimneys that are struc-turally unsafe; exterior windows and doors thatare not fitted securely in their frames and are notsubstantially weather tight; paint that is deteri-orated, indicated by peeling, flaking, cracking,blistering or mildew, resulting in exposed, bare,unprotected surfaces. Window screening, if present,shall be maintained in good condition.

(b) Fences, retaining walls. All fences and re-taining walls on the premises shall be safe, struc-turally sound and uniform or compatible in colorand structure and shall be maintained so thatthey do not constitute a blighting influence. Ex-amples of blighting influence with respect tofences include, but are not limited to, leaningfences, fences that are constructed out of deterio-rated scrap materials not designed for use asfencing such as doors and sheets of tin, fences

that are missing slats, rails or blocks, fences thatcontain graffiti or paint which is peeling or oth-erwise deteriorated.

(c) Exterior insect and rodent control. All pre-mises shall be kept free from insect and rodentinfestation and other noxious pests.

(d) Drainage. All premises shall be maintainedso as to prevent the accumulation of stagnantwater when such water causes a hazardous orunhealthy condition, becomes a breeding area forinsects, or which is causing soil erosion or damageto foundation walls. This does not apply to reten-tion basins or other similar conditions approvedby the Commission.

(e) Foundations, wall and roofs. Every founda-tion, exterior wall, roof and all other exteriorsurfaces shall be maintained in structurally soundand weather tight condition. The foundation ele-ments shall adequately support the building at allpoints and shall be free from deterioration.

(1) The building foundation shall be main-tained in a safe condition and be capableof supporting the load which normal usemay place thereon.

(2) The exterior walls shall be substantiallyweather tight, weatherproof, free fromdry rot and mildew, and shall be main-tained in sound condition and good repairso as to prevent infestation. All exteriorsurfaces other than decay-resistant mate-rials, shall be protected from the elementsby painting or other protective coveringaccording to manufacturer's specifica-tions. No lead-based paint shall be usedon any surface of any structure.

(3) Roofs shall be maintained in a safe condi-tion and have no defects which mightadmit rain or cause dampness in the wallsor interior portion of the building. Roofsshall be free from conditions that contrib-ute to the deterioration of the structure orotherwise present a deteriorated or blightedappearance.

(f) Outdoor stairs, porches, railings. All out-door stairs, porches and hand railings shall beadequate for safety. Every stair and porch shall bemaintained so as to be safe and in structurally


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sound condition. The support for railings, stairs,and porches shall be structurally sound and ade-quate. Every stairway, stair, porch, and any ap-pendage thereto shall be maintained in safe con-dition and shall be capable of supporting a loadthat normal use may place thereon.

(g) Exterior premises.

(1) Generally. All land, whether improved orunimproved, shall be maintained free fromany accumulation of garbage or a blight-ing influence which includes, but is notlimited to graffiti on walls, fences, mailboxes, and similar structures; accumula-tion of litter, rubbish, refuse, waste mate-rial, bottles, papers, glass, cans, organicor inorganic material, abandoned vehi-cles, discarded appliances, discarded fur-niture, broken glass, used or deterioratedroofing shingles, piles of mixed material,dry vegetation, rags, empty barrels, boxes,crates, packing cases, mattresses, bed-ding, excelsior, packing straw, packinghay or other packing material, lumber notneatly piled, lumber stored in front yards,scrap iron, tin and other metal not neatlypiled or anything whatsoever in whichinsects may breed or multiply or whichprovides harborage for rodents, snakes, orother harmful pests or which may other-wise create a fire hazard.

(2) Weeds, underbrush and other vegetation.All exterior property areas shall be keptfree from weeds, vines, underbrush anddead trees and branches which present avisual blight upon the area, which mayharbor insect or rodent infestations orwhich may likely become a fire hazard orresult in a condition which may threatenthe health and safety or the economicwelfare of adjacent property owners oroccupants. All lawn grass shall be kept atless than six (6) inches in height.

Sec. 7-1-134. Administration and enforce-

ment of standards.

(a) Authority to enforce standards. The Director-Building Official, or his designee, shall enforcethe provisions of this section.

(b) Authority and inspections. The Director-Building Official or his designee is authorized anddirected to make reasonable inspections of prop-erty to determine compliance with this section.

(1) Such an inspector may expand the scopeof any inspection on the original com-plaint to include other violations notedduring inspection on the subject property.

(2) Exempted from the operation of this sec-tion are large, remote acreage in its nat-ural state, acreage impossible to servicewith large machinery due to its terrain,industrially zoned areas wherein zoningpermits the storage of material ordinarilyprohibited by this section; provided, how-ever, this exemption is not operable whenactual and probable danger exists.

(3) Unscreened exterior areas, buildings, struc-tures and lands, may be inspected at anytime with or without the involvement ofthe owner, in accordance with legal re-quirements.

(4) Screened exterior areas shall be inspectedonly during the normal business hours ofAugusta-Richmond County unless other-wise arranged, upon invitation or withthe concurrence of the owner or occupantor when ordered by a court or when prob-able cause exists to believe that condi-tions therein may be detrimental to healthand safety.

(5) Except in cases of alleged imminent haz-ards, if the occupant is not the owner ofthe premises or dwelling unit to be in-spected, the Director-Building Official orhis designee shall provide reasonable no-tice in writing or by telephone to theoccupant as to the time and place ofinspection. A reasonable attempt must bemade by Augusta-Richmond County staffto contact the owner and advise the ownerof the time and place of inspection.

(6) The owner or responsible party will berequired to correct all violations within areasonable amount of time. In the eventthat the building becomes unoccupied,future occupancy will be prohibited until


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a compliance letter is issued by Augusta-Richmond County. It shall be incumbentupon the Director-Building Official or hisdesignees to reinspect for the purpose ofre-occupancy within five (5) business daysof the receipt of a written request by theowner.

(c) Notice of violation. If, after an inspection,the Director-Building Official finds one or moreviolations of this section, he shall, in writing,notify the owner via a Notice of Violation sent bycertified mail or hand delivery to the owner. TheNotice of Violation shall include:

(1) Identification of property in violation;

(2) Statement of violations in sufficient detailto allow the owner to identify and correctthe problem;

(3) Reinspection date.

(d) Service of notice. Any notice permitted orrequired to be given for any purpose under thissection shall be deemed effective on the datewhen written notice is hand delivered to theowner or delivered to the residence of the ownerand left with a person of suitable age and discre-tion or when deposited in the United States mailby certified mail addressed to the property ownerat such owner's last known address. In the eventof service by certified mail as set forth above, acopy of said notice shall also be posted on thepremises for a period of thirty (30) days. TheDirector-Building Official or his designees willuse reasonable efforts to locate and communicatewith the owner of the property upon which theviolation exists. Service of notice shall also bedeemed effective upon notification through onetime public notice published in the newspaper inwhich Sheriff's sales are advertised in Augusta-Richmond County, Georgia and by posting theproperty for a period of thirty (30) days in theevent the address of the owner cannot be obtainedupon reasonable inquiry. [For vacant lots seesection 4-2-2]

Sec. 7-1-135. Enforcement.

(a) The authority of Augusta-Richmond Countyto enforce the provisions of this section is inde-pendent of and in addition to the authority of

other Augusta-Richmond County officials to en-force the provisions of any other law, ordinance orregulation which such officials are authorized toenforce.

(b) The remedies herein are cumulative andAugusta-Richmond County may proceed underone or more such remedies.

(c) Any owner, or other person having controlover a structure or parcel of land who causes,permits, facilitates, or aids or abets any violationof any provision of this section or who fails toperform any act or duty required by this sectionshall be punished as provided in section 1-6-1 ofthe Augusta-Richmond County Code.

(d) No criminal complaint shall be filed priorto the passage of thirty (30) days from the issu-ance of the Notice of Violation.

(e) Each day any violation of any provision ofthis section or the failure to perform any act orduty required by this section exists shall consti-tute a separate violation or offense.

(f) The owner of record, as recorded in theoffice of Clerk of Superior Court of RichmondCounty, Georgia, of the property upon which aviolation of this section exists shall be presumedto be the person having lawful control over astructure or parcel of land. If more than oneperson shall be recorded as the owner of theproperty, said persons shall be jointly and sever-ally presumed to be persons having lawful controlover a structure or parcel of land. This presump-tion shall not prevent enforcement of the provi-sions of this section against any person specifiedin subsection (3) of this section.

(g) It is an affirmative defense for an owner ofrecord that any violation of this section wascaused by an act or acts of a lessee or tenant whowas a resident of the property on the date ofviolation alleged in the Notice of Violation pro-vided that the owner provides the Director-Building Official with the name of such tenant(s)in writing and eliminates the violation within areasonable period of time to be established by theDirector-Building Official. No defense shall beasserted pursuant to this provision unless noticethereof is filed with the court having jurisdictionover the violation and is provided to the solicitor


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or prosecutor of said court at least three (3)business days in advance of the date set for trial.

Sec. 7-1-136. Appeals to the construction ad-

visory board.

(a) Any person may appeal a notice, order ordecision of the Director-Building Official to theAugusta-Richmond County Construction Advi-sory Board when it is claimed that the true intentof the codes or standards described in this sectionhas been incorrectly interpreted or when specialcircumstances or conditions exist which wouldauthorize a minor variance on the grounds here-inafter set forth. Appeals to the ConstructionAdvisory Board shall be made in writing and filedwith the Director of the License and InspectionDepartment within the time period set in theNotice of Violation or within five (5) days afterservice of any such order upon the owner asprovided herein. The applicant's written appealshall specifically set forth the grounds upon whichsaid appeal is based. The Commission may granta minor variance to this section when it is deter-mined that:

(1) special circumstances or conditions applyto this appeal application such as an un-due hardship;

(2) authorizing of the variance is necessaryfor the preservation and enjoyment ofsubstantial property rights; and

(3) authorizing of the variance will not bematerially detrimental to persons resid-ing or working in the vicinity, to adjacentproperty, to the neighborhood or to thepublic welfare in general.

(b) Except for orders to vacate, the timelyfiling of an appeal shall stay enforcement of theorder appealed until the appeal is finally deter-mined by the Commission.

(c) Failure of a person entitled to appeal underthis section to timely file an appeal shall consti-tute a waiver of the right to a hearing of thecomplaint before the Construction Advisory Boardand such person shall be estopped to deny thevalidity of any order or action of Augusta-Rich-mond County which could have been timely ap-pealed.

(d) Any party aggrieved by a decision of theConstruction Advisory Board may apply to Supe-rior Court. Said appeal shall be the same as anappeal to the superior court from any decisionmade by the probate court, except that said ap-peal shall be filed within thirty (30) days from thedate of the decision of the Construction AdvisoryBoard or of any official charged with the enforce-ment of any order, requirement or decision inconnection therewith; and upon failure to file saidappeal within thirty (30) days, the decision of theConstruction Advisory Board shall be final.

Sec. 7-1-137. Supplemental nature.

This section shall not be the exclusive regula-tion of the maintenance of buildings within Au-gusta-Richmond County, but shall be supplemen-tal in addition to other regulations and ordinancesof Augusta-Richmond County and statutes orprovisions of law heretofore and hereinafter en-acted by the state or other legal entity or agencyhaving jurisdiction. In the event of a conflictbetween this section and any other such regula-tion, ordinance, statute or provision of law, thestricter of the two shall apply.

Sec. 7-1-138. Severability.

If any section, subsection, paragraph, sentence,clause, or phrase of this section should be de-clared invalid for any reason whatsoever, suchdecision shall not affect the remaining portions ofthis section, which shall remain in full force andeffect; and to this end the provisions of thissection are hereby declared to be severable.


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Chapter 2

NUISANCES

[ARTICLE 1 IN GENERAL]

Sec. 7-2-1. Generally.

The following conditions, in addition to thoseconditions recognized as such pursuant to Statelaw, are hereby declared to constitute nuisances:substances emitting noxious odors, carcasses ofanimals, establishments or structures emittingnoxious odors, vapors, or fumes; deposits of waste-water; litter, trash, refuse, rubble, and rubbish ofall sorts; overgrown vegetation, weeds, brambles,brush or thickets; malfunctioning private sewagedisposal systems; dilapidated buildings open tounauthorized or unlawful entry; hazardous trees;all articles, conditions, acts, or things whatsoever,kept, maintained or permitted by any person topose a threat of injury, inconvenience, or annoy-ance to the public; and, all pursuits followed orengaged in, behavior or conduct performed by anyperson, which pose a threat of injury, annoyance,or inconvenience to the public.

Sec. 7-2-2. Nuisances—Prohibited.

It shall be unlawful for any owner or occupantof any parcel of land lying within Augusta-Richmond County to cause or permit any nui-sance to be created or remain upon such premises;and it shall be the duty of such owner or occupantto abate and remove any such nuisance from suchpremises. No owner or occupant of any parcel ofland lying within Augusta-Richmond County shallpermit, cause, keep, maintain, or engage in anyactivity constituting a nuisance, as defined herein,or as otherwise defined by the law of the State ofGeorgia, within Augusta-Richmond County.

Sec. 7-2-3. Nuisances—Notice.

Whenever an inspector of the License andInspection Department or any other duly consti-tuted inspecting authority of the Augusta-Rich-mond County Commission determines that a nui-sance exists on any premises within Augusta-Richmond County, he may serve written noticeupon the owner or occupant, or his agent having

control thereof, to abate such nuisance. The noticeshall, at a minimum, set forth the nature of thenuisance and the fact that the same constitutes anuisance upon said property; describe the pre-mises where the nuisance is alleged to exist or tohave been committed; and specify a reasonableperiod of time for the abatement of said nuisance.Said notice shall be served upon the owner oroccupant of the premises by personal delivery, orby mailing said notice, certified mail, return re-ceipt requested, addressed to the owner, occupantor agent. If service cannot be effectuated in such amanner after diligent effort to do so, service maybe made by conspicuously posting the notice in orabout the premises described in the notice, or bycausing such notice to be published once in anewspaper of general circulation in Augusta-Richmond County. If the owner or occupant is acorporation, notice may be served upon an officer,a manager or person in charge of any local busi-ness office of such corporation, or the corporation'sregistered agent for service of process.

Sec. 7-2-4. Nuisances—Procedures in the

event nuisance not abated when

specified.

In the event that such nuisance is not abatedby the owner or occupant within the time speci-fied, then the owner and/or occupant may be citedfor violation of this chapter.

Sec. 7-2-5. Nuisances—Penalties.

Violations of the provisions of this chaptershall be punished as provided in section 1-6-1 ofthis Code.

Sec. 7-2-6. Nuisances—Designation of pub-

lic officer to exercise statutory

nuisance abatement powers.

All unsafe building abatement determinationsand proceedings shall be governed by the Stan-dard Unsafe Building Abatement Code as adoptedin section 7-1-16 hereof.

Sec. 7-2-7. Nuisances—Injunctions against

order to abate a nuisance, repair,

close, or demolish unfit dwell-

ings, buildings or structures.

Any person affected by an order issued by thepublic officer under this Article, may petition tothe Superior Court for an injunction pursuant tothe provisions of O.C.G.A. § 41-2-13.


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ARTICLE 2 ABATEMENT

Sec. 7-2-41. Powers of director-building of-

ficial to abate nuisance.

The Director-Building official shall have thepowers set forth in O.C.G.A. § 41-2-11, in additionto those powers set forth in this Title, in regard tounfit structures.

Sec. 7-2-42. Incorporation of state proce-

dures.

The provisions of O.C.G.A. § 41-2-7 through§ 41-2-17, as presently adopted or hereafteramended are incorporated herein by reference.


ARTICLE 3. REGULATING AUTOMOBILE

JUNK YARDS, SALVAGE/RECYCLING

FACILITIES

DIVISION 1. DEFINITIONS

[Sec. 7-2-63. Definitions.]

Affected land means the area of land that isunder operation and under excavation within theapproved area only.

Automobile wrecking yard or automobile usedparts lot shall mean any place where one or morevehicles not in running condition, or parts thereof,are stored in the open or in any building orstructure used principally for wrecking or storageof automobiles not in running condition or auto-motive parts.

Buffer shall mean a portion of a lot, tract, orparcel set aside for open space, and visual screen-ing purposes, pursuant to applicant provisions ofthis ordinance, to separate different use districts,or to separate uses on one property from uses onanother property of the same use district ordifferent use district.

Construction and demolition waste means wastebuilding materials and rubble resulting from con-

struction, remodeling, repair, and demolition op-eration on pavements, houses, commercial build-ings, and other structures. Such waste include,but are not limited to asbestos containing waste,wood, bricks, metal, concrete, wall board, paper,card board, inert waste landfill material, andother non-putrescible waste which have a lowpotential for groundwater contamination as de-fined in the Georgia Rules for Solid Waste Man-agement 391-3-4-.01(14).

Containment shall mean the act, process, ormeans of containing fluids to prevent spillage ofcontents onto the soil, water ways, sewer system,storm water system, or any other means exceptthrough proper disposal procedure.

Contaminate shall mean the intrusion or con-tact with dirt or foulness from an outside source,to taint stresses the loss of purity or cleanlinessthat follows contamination, to soil stain, stain,corrupt, or infect by contact or association,

Disposal facility shall means any facility orlocation where the final deposition of solid wasteoccurs and includes, but is not limited to, landfilling and solid waste thermal treatment technol-ogy facilities.

Enforcement. The License and Inspection De-partment.

Generator shall mean any waste generated oraccumulated at any facility lying within Augusta-Richmond County Georgia under daily opera-tions, for commercial gain or mass distribution.

Inventory shall mean a written recorded de-scription and quantity of materials.

Junkyard, salvage yard, recycling facility shallmean any place where waste, discarded or sal-vaged materials are bought, sold, exchanged, stored,baled, cleaned, packaged, disassembled, or han-dled; including automotive wrecking yards, auto-mobiles used parts lots, used lumber yards, sal-vaged building materials, salvaged householdappliances, or other types of material; but exclud-ing establishments for the sale, purchase, or stor-age of used automobiles in running condition,used furniture, or salvaged materials used asparts of a manufacturing process on the samesite.


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Leachate shall mean a liquid that has passedthrough or emerged from solid waste and containssoluble, suspended, or miscible materials re-moved from such waste.

Legally existing business. A business that is incompliance with the Augusta-Richmond CountyComprehensive Zoning Ordinance, and the busi-ness owner/operator is in possession of a currentOccupation Tax Certificate.

Manifests/receipt shall mean a form or docu-ment used for identifying the quantity or compo-sition and the origin, routing, and destination ofspecial solid or liquid waste during its transportfrom the point of generation through any inter-mediate points to the point of disposal, treatmentor storage.

Occupation tax certificate holder means anyperson(s), firm or corporation who owns a busi-ness and/or holds an Occupation Tax Certificatewithin Augusta-Richmond County, Georgia and/oroperating with an Occupation Tax Certificate inAugusta-Richmond County, Georgia.

Ordinance administrator. The Director of theLicense & Inspection Department.

Owner means the person(s), firm, or corpora-tion who owns a parcel of property lying withinAugusta-Richmond County Georgia.

Person shall mean any individual, firm, part-nership, association, company, group, entity, ororganization of any kind.

Petroleum contaminated soil shall mean anysoil tainted or affected by any petroleum or asubstance containing any traces of petroleumconstitutes.

Pre-existing junkyard, salvage yard, automo-bile wrecking yard, and/or recycling facility. Priorto the date of Ordinance implementation.

Reclamation shall mean the reconditioning orrehabilitation of affected land under the junkyard,salvage yard, automobile wrecking yard, and re-cycling facility. Such as refilling, and re-packingthe excavated areas with suitable materials, suchas dirt, and/or sand.

Recovered materials processing facility shallmean a facility engaged solely in the storage,

processing, and resale or reuse of recovered ma-terials. Such term shall not include a solid wastehandling facility; provided, however, any solidwaste generated by such facility shall be subjectto all applicable laws and regulations relating tosuch solid waste.

Recycling shall mean any process by whichmaterials which would otherwise become solidwaste or collected, separated, processed and re-used or returned in the form of raw materials orproducts.

Regulatory fee. Payment whether designated atlicense fees, permit fees, or by another name,which are required by a local government as anexercise of its police power and as a part of or anaid to regulation of an occupation, profession, orbusiness.

Run-off means any rainwater, leachate, or otherliquid that drains over land from any part of afacility.

Salvageable/recovered/collectable materialsshall mean those materials which have knownuse, reuse, or recycling potential; can be feasiblyused, reused or recycled; and have been divertedor removed from the solid waste stream for sale,use, reuse or recycling, whether or not requiringsubsequent separation and processing.

Solid waste/waste shall mean any garbage orrefuse including solids, semi-solids, liquids, gas-eous, materials that have no use or future use.

State waters includes any and all rivers, streams,creeks, branches, lakes, reservoirs, ponds, drain-age systems, springs, wells, and other bodies ofsurface or subsurface water, natural or artificial,lying within or forming a part of the boundaries ofthe state, which are not entirely confined andretained completely upon the property of a singleindividual, partner ship, or corporation.

Tire shall mean a continuous solid or pneu-matic rubber covering designed for encircling thewheel of a motor vehicle which is neither attachedto the motor vehicle nor a part of the motorvehicle as original equipment.

Waste shall mean all discarded substances andmaterials whatsoever exceeding ten pounds (10lbs.) in weight or fifteen cubic feet (15 ft.3) in


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volume, or any such substance in any weight orvolume if biomedical waste, hazardous waste, ahazardous substance, or any such substance ormaterial dumped for commercial purposes. Withthe exception of non-hazardous, low-impact ani-mal by-products classified by the Georgia Depart-ment of Natural Resources, "waste" includes with-out limitation, sand, gravel, slag, brickbats, rubbish,waste material, tin cans, refuse, garbage, trash,debris, dead animals, bottles, boxes, containers,papers, tobacco products, tires, appliances, me-chanical equipment or parts, building or construc-tion materials, tools, machinery, wood, motor ve-hicles and motor vehicle parts, vessels, aircraftequipment, waste oil, batteries, antifreeze, sludgefrom a wastewater treatment facility, water sup-ply treatment plant, or air pollution control facil-ity, air contaminants from any source or facility,and any other discarded material or substance ofevery kind and description resulting from domes-tic, industrial, commercial, mining, or governmen-tal operations.

Waste stream shall mean the point of generation/origin of said waste (as defined), manner in whichit is recovered, transported, final destination sitefor generator and/or disposal point.

Zoning shall mean by Ordinance into sectionsreserved for different purposes (as residence, busi-ness, or activity).(Ord. No. 6727, § 1, 9-21-04)

DIVISION 2. GENERAL ENVIRONMENTALMANAGEMENT

Sec. 7-2-64. General management.

(a) The owner or occupant of any premisesshall be responsible for the sanitary handling anddisposal of all waste; scrap tires, municipal com-mercial industrial waste, solid waste, recoveredor recyclable material, at any place in AugustaRichmond County, Georgia.

(b) It shall be unlawful to dump, open dump,burn, bury, or permit the dumping of waste, scraptires, municipal, commercial industrial waste,solid waste, recovered or recyclable material, con-

struction/demolition waste at any un-permittedand approved site or place in Augusta RichmondCounty, Georgia.

(c) It shall be unlawful to operate, accumulate,or generate any type waste in Augusta RichmondCounty without obtaining proof of disposal docu-mentation, such as manifest, receipts, and otherproof approved by enforcement authority.

(d) Unless authorized to do so by law or byduly issued permit, it shall be unlawful for anyperson to dump or place waste:

(1) In any pit to include inert waste, scraptires, waste, concrete, brickbats, stumps,limbs, fluid waste.

(2) In any fresh water lake, stream, river,canal, creek, storm drain, or sanitary sewerdrain.

(3) In any ambient air, indoor air, incinerator,any form of emission unless duly permit-ted.

(e) Any business, entity, person, etc. that gen-erates waste shall retain and maintain all re-ceipts, manifests, and documentation for 3 yearsfor any transport of waste, recyclable, salvage-able, collectable materials generated within Au-gusta-Richmond County Georgia.

(f) Any waste not accounted for by referencedterms shall constitute improper management ofsaid waste and/or dumping.(Ord. No. 6727, § 2, 9-21-04)

Sec. 7-2-65. Accumulation.

(a) No owner or occupant of any property inAugusta-Richmond County shall burn bury anywaste without prior authorization and writtenpermission from an applicable governing regula-tory agency. Nothing in this provision shall au-thorize or be construed to permit the burial orburning of any material which is otherwise pro-hibited by federal, state, or local regulations.

(b) No owner or occupant of any property inAugusta-Richmond County shall allow the accu-mulation of any type waste on his or her propertyand/or premises where such material creates or


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causes a health hazard to surrounding properties,citizens, and/or impairs the quality of life forsurrounding areas.(Ord. No. 6727, § 2, 9-21-04)

DIVISION 3. GENERAL YARDMANAGEMENT

Sec. 7-2-66. Waste management.

(a) Any auto salvage yards, and those who areinvolved in operating any type salvage/recycling/junk yard, used parts lots, automobile wreckingyard, and/or any type recycling/salvage operationof any kind shall be subject to rules as notedbelow:

(b) All auto salvage yards, recycling/junk yard,used parts lots, automobile wrecking yard, and/orany type recycling/salvage operation, used partslots approved for operation are required to installa "containment station/dismantling area" at thepoint of entry for said vehicles. Containmentstation/dismantling area shall be a permanentstructure meeting the intent and requirements asfollows:

(1) Secure shelter above a concrete imperme-able base with elevated sides withoutdrains, discharge or entry points, de-signed and suitable to use as a stagingarea for the extrication of items listedbelow:

a. Waste Oil

b. Transmission Fluid

c. Gasoline

d. Anti-freeze

e. Batteries

f. Oil filters

g. Hydraulic fluid or lubricant

h. Transmission filters

i. Freon, gases, or gaseous type

(c) Upon vehicle entrance into said salvageyard, vehicle shall be fully relieved of any flowingfluids, filters, and batteries, and waste — exceptengine oil and transmission fluid. Engine oil andtransmission fluid may remain in the engine andtransmission provided there are no leaks. The

vehicle must be located on the 'containment sta-tion' when the parts (engine and/or transmission)are removed from the vehicle. Said flowing fluids,filters, and batteries, and waste shall be stored inaccordance with regulations specified in this or-dinance. Any waste generated by said facility isfurther required to meet any applicable local,state, and federal codes and/or laws concerning"hazardous waste management and/or potentialhazardous waste contamination." Maintain veri-fication on any waste generated, accumulated,and/or disposed of on site, and any questionablewaste located at said facility shall be documentedand accounted for, and located in the containmentstation area.

(d) Parts containing liquids can be salvagedfrom the vehicle only while the vehicle is locatedon the "containment station/dismantling area".

(e) All removed parts/components must be storedon an impermeable surface under roof.

(f) Crushing of vehicles, other than by a man-ufactured auto crusher with a self containingcaptured fluid reservoir, shall be performed in thecontainment area/dismantling area.(Ord. No. 6727, § 3, 9-21-04)

Sec. 7-2-67. Vehicular waste management.

(a) Drain and collect all fluids in the contain-ment station area in the appropriate containers.

(b) Store in appropriate container, metal drumsfor non-corrosive, plastic for corrosive, both com-plete with caps.

(c) Monitor container for leaks, rust, cracks,and perform maintenance as needed.

(d) The containers must be clearly identifiableof its contents by proper labeling and markingswith birth date and death date.

(e) Reserved.

(f) All materials recovered transported anddisposed of must be performed by a permitted andlicensed individual(s) that will provide you withthe required documentation needed for review.(Ord. No. 6727, § 3, 9-21-04)


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Sec. 7-2-68. Storage/containment area.

(a) Containment stations shall consist of indi-vidual containers that are placed on concrete,under shelter, clearly labeled to identify its con-tents, sealable, and suitable for storage.

(b) Premises must be monitored continuously,and any leaks or drips are to be addressed imme-diately.

(c) The base of the containment station shallbe dry kept only and never cleaned by spraying orpressure washing.

(d) Scrap tires shall be stored as follows:

(1) It shall be unlawful for any commercialbusiness to accumulate more than fivehundred (500) scrap tires on the propertyin which it owns or occupies at any giventime. Accumulated scrap tires shall bedisposed of a minimum of once every 90days.

(2) It shall be unlawful for any person orentity authorized by this article and/orstate law to handle store, and/or disposeof scrap tires, to do so in any mannerother than the following: permitted quan-tities of scrap tires may be stored outsideon the property of an authorized businessin a container enclosed on all four (4)sides by a solid screen and having asecure top cover, which container is notvisible from any public right of way or anyadjoining property.

(Ord. No. 6727, § 3, 9-21-04)

DIVISION 4. GENERAL YARDMAINTENANCE

[Sec. 7-2-69. General yard maintenance.]

(a) Vegetation shall be maintained in a man-ner, which will not be conducive to insect orrodent infestation.

(b) Property shall be maintained in accordancewith local and state storm water and environmen-tal and sedimentation regulations.

(c) All waste shall be disposed of by a GAEPDor USEPA approved facility and all manifest,receipts, and or approved documentation shall beretained on site for review upon inspection for aminimum of (3) three years.

(d) Property shall be maintained in a mannernot to impair or pose potential threat to human,health, safety and shall not affect the quality oflife in surrounding, and/or adjoining properties,as follows:

(1) All vehicles, recovered materials, and wasteare not to exceed stacks higher than 1vehicle high or 6 feet in height.

(2) Vehicles must remain in orderly forma-tion (in rows), and establish and maintaina fire/maintenance lane between rows.

(Ord. No. 6727, § 4, 9-21-04)

DIVISION 5. LAND USE REQUIREMENTS

[Sec. 7-2-70. Land use requirements.]

(a) All buildings, (excluding existing buildingsand equipment and operation therein) equip-ment, operation, (except roads) and salvage ma-terial and parts thereof, shall not be situatedwithin 50 feet of an intermittent or continuouslyflowing stream as designated on the most recentGeological survey map and/or labeled or deemed"State Waters."

(b) Any proposed auto salvage yards, usedparts lots/junk yards, shall provide a parcel size of10 acres or greater to include the "active area"labeled after set backs are determined.

(c) All existing and/or proposed auto salvageyards, used parts lots, junk yards shall providescreening as listed:

(1) Green mesh nylon shade cloth securelyattached to 6 foot cyclone fence, or

(2) Six foot in height wood board privacyfence with no color alteration, and main-tained on a continuous basis.

(3) Comply with the Augusta-RichmondCounty Tree Ordinance—Chapter 8-4-11(e)(5) Street Yard Requirements.

(Ord. No. 6727, § 5, 9-21-04)


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DIVISION 6. PROCEDURES: REGISTRATIONAND PERMITTING

Sec. 7-2-71. Existing locations.

(a) All owners, operators, or maintainers ofautomobile salvage yards, used parts lot or otherjunk yards legally existing under approved zoningstatus at the effective date of this Ordinance shallregister and pay a Regulatory Fee with AugustaLicense & Inspection Department within a periodof 30 days from the effective date of this Ordi-nance. Permit application will include:

(1) The dimensions and acreage of existing orproposed site and the description andlocation of any structure, heavy equip-ment or any other permanently affixededifice.

(2) A detailed drawing of land use, to includean estimated vehicle capacity, and siteentry and exit points.

(3) Containment station plan to include sizeof overhead shelter, impermeable con-crete base, waste container list, amount,and type waste.

(b) Existing automobile salvage yards, usedparts lot, junk yards shall conform to the ap-proved permit and standards of this Ordinance inaccordance with the graduated compliance sched-ule listed as follows. The times listed are from thedate of plan approval.

(1) Meet Section 6-1 (a) within 30 days ofeffective date of Ordinance.

(2) Meet Section 5 (c) within 60 days of dateof plan approval.

(3) Meet Section 3-1 (b) within 90 days ofdate of plan approval.

(4) Meet Section 3-3-(d) within 120 days ofdate of plan approval.

All existing auto salvage yards, recycling/junkyard, used parts lots, automobile wrecking yard,and/or any type recycling/salvage operation, orused parts lots that have not been registeredwithin 30 days shall be in violation of the regis-tration provisions of this Ordinance. Unless saidfacilities can be documented to the satisfaction ofthe Ordinance Administrator as existing prior to

the effective date of this Ordinance they shall beconsidered new facilities. If so documented, saidauto salvage yards, recycling/junk yard, used partslots, automobile wrecking yard, and/or any typerecycling/salvage operation, used parts lots maybe considered existing facilities, be required toregister and required to comply with a revisedcompliance schedule listed

One copy of the completed signed registrationapplication shall be submitted to the Ordinanceadministrator.(Ord. No. 6727, § 6, 9-21-04)

Sec. 7-2-72. New locations.

(a) Comply with Augusta-Richmond CountyComprehensive Zoning Ordinance with regard tozoning and site plan requirements. In addition torequirements specified by the Planning Commis-sion Site Plan Development Regulations, the siteplan shall include:

(1) The dimensions and acreage of the pro-posed site and the description and loca-tion of any structure, heavy equipment orany other permanently affixed edifice.

(2) A detailed drawing of land use, to includean estimated vehicle capacity, and siteentry and exit points.

(3) Containment station plan to include sizeof overhead shelter, impermeable con-crete base, and waste containers.

(4) All proposed auto salvage yards, usedparts lots, junk yards or recycling facilityshall provide screening either green meshnylon shade cloth securely attached to a 6foot cyclone fence or a six foot in heightwood board privacy fence with no coloralteration, and maintained on a continu-ous basis.

(b) Comply with approved site plan.

(c) Any person, firm or corporation who doesbusiness in Augusta-Richmond County as an au-tomobile wrecking yard or automobile used partslot or junkyard, salvage yard, recycling facility,shall, before engaging in such business, pay suchregulatory fee as is provided in § 2-2-3 (c) of theAugusta-Richmond County Code.


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(d) Apply for an Occupation Tax Certificate,pay Tax and receive Occupation Tax Certificate,and receive commitment to issue Occupation(Ord. No. 6727, § 6, 9-21-04)

Sec. 7-2-73. Permit required for automobile

wrecking yard, automobile used

parts lot, junkyard, salvage yard,

recycling facility.

No person, firm or business entity shall estab-lish, operate, or maintain an auto salvage yards,recycling/junk yard, used parts lots, automobilewrecking yard, and/or any type recycling/salvageoperation, used parts lots yard without complyingwith this ordinance. Any expansion of an autosalvage yards, recycling/junk yard, used partslots, automobile wrecking yard, and/or any typerecycling/salvage operation, used parts lots yard,whether pre-existing or newly permitted, shallrequire compliance with the sections of this ordi-nance pertaining to New Locations. The permitshall only be issued upon the persons, firm orbusiness entity seeking the permit submitting astatement that the existing or proposed facilitydoes not violate any of the provisions of thisOrdinance. The permit shall be valid unless re-voked for non-conformance with this Ordinance.(Ord. No. 6727, § 6, 9-21-04)

Sec. 7-2-74. Application.

Application for the permit shall be made to theAdministrator of the Ordinance, on such forms asthe Administrator of the Ordinance shall pre-scribe along with a non-refundable regulatory feeas established by the Board of Commissioners.The permit application shall include but not belimited to the information required for the regis-tration application and a junkyard plan. The planshall indicate setbacks, location of public right-of-ways, all proposed structures, all structures within500 feet of the proposed facility, driveways, en-trances, fencing, screening, types of fencing, typesof screening, dimensions of junk yard, gross acre-age, preparer of plans name(s) and address(es)and phone numbers.

Any expansion of a junkyard, whether pre-existing or newly permitted, shall require a per-

mit. Procedures and standards for an expansionpermit shall be those required for a new estab-lishment.(Ord. No. 6727, § 6, 9-21-04)

Sec. 7-2-75. Permitting procedure.

The completed permit application and yardplan shall be submitted to the Ordinance admin-istrator. The administrator shall have the author-ity to either approve or deny the permit. A deniedpermit may be resubmitted within 14 days fromthe date of denial without incurring an additionalpermit fee.(Ord. No. 6727, § 6, 9-21-04)

DIVISION 7. ENFORCEMENT

[Sec. 7-2-76. Enforcement.]

Enforcement of this ordinance shall be theresponsibility of the Augusta-Richmond CountyLicense and Inspections Department. Any personor person(s) authorized to enforce this ordinanceshall be empowered to enter any property, uponreasonable cause, at reasonable or necessary timesin order to inspect for violations of this ordinance,subject to the condition that to allow entry ontoprivate property for inspections, the alleged vio-lation of this ordinance, must be visible from apublic road or right of way, or upon said officer(s)having received a valid complaint alleging a vio-lation of this ordinance, or by a Judge's Orderupon said officers having received information/allegations that constitute reasonable suspicionthat a serious unlawful act or threat to the healthand safety of the community and/or the environ-ment has occurred or is about to occur.(Ord. No. 6727, § 7, 9-21-04)

DIVISION 8. VIOLATIONS

[Sec. 7-2-77. Violations.]

Any person(s), firm, or corporation violatingany portion of this ordinance shall be chargedwith each and every violation and upon trial and


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conviction shall be subject to the penalties pro-vided in § 1-6-1 of the Augusta-Richmond CountyCode.(Ord. No. 6727, § 8, 9-21-04)

DIVISION 9. PENALTIES REMEDIES ANDABATEMENT OF NUISANCE

[Sec. 7-2-78. Penalties remedies and abate-

ment of nuisance.]

Upon finding evidence that any provision ofthis ordinance has been violated, a Notice ofViolation will be issued at the discretion of theenforcing officers in lieu of a Citation. If theowner of a business fails to correct the violationsand comply with the Ordinance within the timespecified, the Ordinance Administrator may re-quest the Augusta Commission to approve anordinance providing for the actions necessary tocorrect the violations. The Ordinance Administra-tor may cause the violations to be corrected eitherthrough an available public agency or by contractor by private persons, and the cost of such workshall constitute a lien against the property uponwhich the work was performed. The delinquenttax collector shall issue a fi. fa. in the name ofAugusta-Richmond County, for the cost, and levythe fi. fa. and expose the property for sale.(Ord. No. 6727, § 9, 9-21-04)

DIVISION 10. SEVERABILITY

[Sec. 7-2-79. Severability.]

Should any sentence, section, subsection orprovisions of this ordinance, or application of aprovision of this Ordinance, be declared invalid orunconstitutional by any Court or other competentjurisdiction, such declaration shall nor affect thevalidity of the Ordinance as a whole or any partthereof that is not specifically declared as invalidor unconstitutional.(Ord. No. 6727, § 10, 9-21-04)

DIVISION 11. REPEAL OF CONFLICTINGRESOLUTIONS OR ORDINANCES

[Sec. 7-2-80. Repeal of conflicting resolu-

tions or ordinances.]

All ordinances or parts of ordinances previ-ously adopted by the Board of Commissioners of

Augusta-Richmond County, Georgia which are inconflict with this ordinance are hereby repealedto the extent necessary to eliminate such conflict.(Ord. No. 6727, § 11, 9-21-04)

DIVISION 12. EFFECTIVE DATE

[Sec. 7-2-81. Effective date.]

This ordinance shall become effective on uponadoption.(Ord. No. 6727, § 12, 9-21-04)


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Chapter 3

STREETLIGHTING

ARTICLE 1 IN GENERAL*

Sec. 7-3-1. Program—Creation.

(a) There is hereby created and establishedwithin Augusta-Richmond County a Streetlight-ing Program.

(b) Pursuant to Constitutional authorizationin 1970 Ga. Laws, p. 1097, the Augusta-RichmondCounty Commission is authorized and empow-ered to establish districts for the purpose oferecting, establishing, maintaining and operatingwithin Richmond County streetlights and lampsfor illumination of the public streets, roads, side-walks and ways situated in said county. If at leastfifty (50) percent of the property owners withinthe proposed district shall assent thereto, theAugusta-Richmond County Commission shall befurther authorized to levy, assess and collect a taxor special assessment against the property lo-cated in said districts for the aforesaid purposesor make service charges against all businessesand residents served by said facilities as theCommission shall deem necessary for the servicesrendered, all without regard to uniformity. Suchtax assessments shall be collected by the taxcommissioner and may be enforced by the issu-ance of fi fa's or executions for said charges in thesame manner and with the same lien dignity andpriority as fi fa's or executions are issued for stateand county taxes. Said Commission is furtherauthorized to compel compliance with reasonablerules and regulations necessary for said services.

(c) Pursuant to 1995 Ga. Laws, p. 3648, theAugusta-Richmond County Commission is autho-rized to create special services tax districts and toassess, levy, and collect ad valorem taxes andcollect service charges and fees for the provisionof district services within a special services dis-trict only in accordance with the kind, character,type, and degree of district services provided by

the Commission within such special services taxdistrict. The provisions of this section shall con-trol ad valorem taxation and the collection ofservice charges and fees for the provision ofdistrict services within special tax districts by theCommission. District services as used herein spe-cifically includes streetlights as provided in Arti-cle 9, Section 2, Paragraph 3, of the Constitutionof the State of Georgia.

Sec. 7-3-2. Streetlight program—Responsi-

bility.

The administrative responsibility for the pro-gram is hereby assigned to the traffic engineeringdivision of the public works Department ofAugusta-Richmond County.

Sec. 7-3-3. Streetlight coordinator—Secur-

ing services.

The public works department is hereby autho-rized to secure the services of a competent andqualified person to assume the duties of streetlightcoordinator.

Sec. 7-3-4. Streetlight coordinator—Duty to

recommend standards and proce-

dures.

(a) The coordinator shall recommend to theAugusta-Richmond County Commission such res-olutions, standards and procedures that he deemsdesirable to implement the streetlighting pro-gram.

(b) The coordinator, after completion of anyconstruction or maintenance authorized hereun-der in any designated area, shall prepare andmake up an assessment roll properly describingsaid improvements and how the owners of theabutting property are to be assessed with thetotal cost or any portion thereof, of any givenproject, and forward the same to the Augusta-Richmond County Commission for approval. Uponapproval by the Augusta-Richmond County Com-mission, the assessment roll shall immediately beforwarded to the tax commissioner. In makingassessments against the abutting property, thesame shall be equitable and in portion to thestreet frontage to be served by said streetlights.

*Editor’s note—Ord. No. 6189, § 1, adopted Aug. 11, 1999,amended Art. 1 in its entirety to read as herein set out. See theCode Comparative Table.


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(c) The Augusta-Richmond County Commis-sion, by resolution, shall designate a special ser-vice tax district, identifying the district bound-aries and approving the assessment roll describedin subparagraph (b) hereof.

Sec. 7-3-5. Assessment of cost.

The annual cost and charges for the mainte-nance and operation of the streetlights shall beassessed on a street side footage basis per year toeach property owner and shall be a lien upon theabutting property annually from January 1 nextand continuing each year until all annual chargeshave been paid.

Sec. 7-3-6. Standards for installation and op-

eration of system—Adoption.

The American Standard Practice for RoadwayLighting as sponsored by the Illuminating Engi-neering Society and approved by the AmericanStandards Association will be used as standardsfor installation and operation of street and road-way lighting in Augusta-Richmond County.

Sec. 7-3-7. Standards for streetlights—Man-

datory.

No lighting fixtures will be installed, operatedor maintained within the rights-of-way of anypublic street, road, highway, alley or sidewalkwithin Augusta-Richmond County or affixed toany pole, standard or other supporting devicewhich is located within rights-of-way, unless suchfixture conforms as to location, installation, equip-ment, operation and maintenance to the roadwayand streetlighting standard and procedures estab-lished in section 7-3-4. Fixtures located outside ofthe rights-of-way will be installed, operated andmaintained in such a manner as to prevent lightbeams, patterns or glare from projecting on rights-of-way in such manner as to be a hazard to, orinterfere with, the normal use of the public street,road or highway.(Ord. No. 6189, 8-17-99)

ARTICLE 2 CONSTRUCTION AND

MAINTENANCE

Sec. 7-3-8. Conditions.

The construction or maintenance of any streets,roads, sidewalks, curbs, stormwater systems and

sewer systems in Augusta-Richmond County maybe done by Augusta-Richmond County upon ap-proval of the Augusta-Richmond County Commis-sion when seventy-five (75) percent of the ownersof the property abutting such improvements shallconsent thereto and agree to be assessed for thecost thereof on a pro rata basis as provided forherein.

Sec. 7-3-9. Required development.

No construction or improvement of any streets,roads, sidewalks, or curbs in Augusta-RichmondCounty may be done by Augusta-Richmond Countyunless the property adjacent to the street, road,sidewalk or curb is eighty (80) percent developed.The required development herein shall be deter-mined by the following formula: The front footageof all lots or parcels adjacent to the street, road,curb or sidewalk being installed or improved shallbe totaled, and the total front footage of all lots orparcels shall be divided into the total front foot-age of all lots or parcels with improvementsthereon to arrive at the percentage of develop-ment.

Sec. 7-3-10. Assessment of cost.

The Augusta-Richmond County Commissionassess the entire cost of such improvements, orany portion thereof, as determined by the Com-mission, against such abutting property owners;however, no assessment shall be made against theabutting property owners unless the same isconsented to in writing by the owners of seventy-five (75) percent of the property abutting suchimprovements.

Sec. 7-3-11. Construction by Augusta-Rich-

mond County or by contract.

The Augusta-Richmond County Commission,after determining the cost of such construction ormaintenance to be done, including the cost ofacquiring rights-of-way, if any are to be required,and all cost necessary therefor, including the costof engineering, supervision and inspection, shallproceed to construct the same either by forces ofthe public works department or by contract, asthe Commission deems best.


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Sec. 7-3-12. Collection of assessments.

The Augusta-Richmond County engineer, aftercompletion of any construction or maintenanceauthorized hereunder in any designated area,shall prepare and make up an assessment rollproperly describing said improvements and howthe owners of the abutting property are to beassessed with the total cost or any portion thereof,of any given project, and forward the same to thegoverning authority for approval. Upon approvalof the Augusta-Richmond County Commission,the assessment roll shall immediately be for-warded to the collector of delinquent taxes forcollection. In making assessments against theabutting property, the same shall be equitableand in proportion to the street frontage to beserved by said improvements.

Sec. 7-3-13. Liens; collector of delinquent

taxes.

All assessments made hereunder shall be liensagainst the property abutting such streets, roads,sidewalks, curbs, stormwater systems or sewersystems from the date of the adoption of theresolution authorizing such improvements andthe assessment of the cost for the same. A copy ofeach resolution as adopted by the Augusta-Richmond County Commission shall be forwardedby the clerk to the collector of delinquent taxes.

Sec. 7-3-14. Docket; payment of assessments;

executions.

A docket shall be kept by the director of delin-quent taxes for listing the property owners andproperty and the amounts assessed thereon forconstruction and maintenance authorized hereun-der. Said assessments shall be paid thirty (30)days from the date that the same is submitted tothe property owner or in any other manner asprovided for by the Augusta-Richmond CountyCommission. All delinquent assessments shallbear interest at the rate of nine (9) percent perannum. An execution shall issue for the collectionof any delinquent assessments; and the sameshall be signed by the chairman of the Commis-sion, and shall be recorded on the general execu-tion docket in the office of the clerk of superiorcourt of Richmond County, and shall be collected

by the delinquent tax collector as other fi.fa.'s,and in the event that the defendant in fi.fa. shallclaim the amount thereof, or some part of samethereof is not owing, or that the same is proceed-ing illegally, he may file illegality thereto, andproceed thereon the same as provided for in caseof tax fi.fa.'s.

Sec. 7-3-15. Fi.Fa.; Propriety; transfer.

All fi.fa.'s or executions issued hereunder shallbe with the same lien, dignity and priority asfi.fa.'s or executions are listed for state and localtaxes. Any if. fa. issued hereunder may be trans-ferred or assigned and the property levied uponand sold under the rules governing judicial sales.

Sec. 7-3-16. Augusta-Richmond County road

system.

(a) All public roads, streets, avenues, drives,and other ways open to the public and intended orused for its enjoyment and for the passage ofvehicles as defined by Georgia Laws 1973, pp.947, 959, located in Augusta-Richmond County, asshown by recorded deeds of conveyance to thecounty, which are on file in the office of theAugusta-Richmond County engineer; and all saidpublic roads shown by the county road registermaintained by the Augusta-Richmond County en-gineer; and all said roads shown as county roadson the most recent map of public roads in thecounty prepared by the state department of trans-portation, collectively, are hereby designated asthe county road system; and each said road orportion thereof is declared to be a part of thecounty road system as is provided in GeorgiaLaws 1973, pp. 947, 967.

(b) The county engineer shall notify the statedepartment of transportation of this section andshall, as soon as practicable, submit any additionsor deletions which may be necessary to conformthe map and written record maintained by thedepartment of transportation showing public roadsin the county to reflect those roads which arehereby designated as the county road system.

Sec. 7-3-17. Adding road to the Augusta-

Richmond County road system.

Prior to the adding of any road to the Augusta-Richmond County road system, the following res-olution shall be adopted by the Augusta-Rich-mond County Commission:


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RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM.

WHEREAS, [Road] is an existing Road in Augusta-Richmond County, Georgia open to public usage;and

WHEREAS, Augusta-Richmond County desires to make Road a part of its Road System.

NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission that [Road] ishereby added to its official Road System of Record, being described as follows and as shown on theattached sketch map or plat showing the approximate alignment and location of said road:

(a) Points of beginning and ending:

Beginning at ;namerule and ending at .

(b) Length of road to nearest 1/10th mile: .

(c) Width and type of road surface: .

The Clerk of the Commission is hereby directed to forward a certified copy of this Resolution to: GeorgiaDepartment of Transportation, Office of Planning, Inventory Branch, 2 Capitol Square, Atlanta, Georgia,30334.

Adopted this day of , 19 .

/s/

MAYOR,Augusta-Richmond County Com-

mission

ATTEST:

/s/ CLERK,Augusta-Richmond County Com-

mission

ARTICLE 3. EXCAVATIONS

Sec. 7-3-18. Requirements.

No excavation shall be made within any publicright-of-way (street, road, alley, lane or otherpublic thoroughfare) of Augusta-Richmond Countyuntil the following requirements have been met:

(a) A fifteen hundred dollar ($1,500.00) bondwith adequate security has been filed withAugusta-Richmond County in the office ofthe director of public works or a letterfrom a chartered state or national bank orsavings and loan institution within thestate, confirming an escrow deposit, bythe contractor or applicant for the benefitof Augusta-Richmond County or a letterof credit from a chartered state or na-tional bank or savings and loan institu-tion within the state.

(b) A letter and/or plans have been submittedto the director of public works or hisrepresentative giving the details regard-ing the proposed excavations and ex-pected dates of the same.

(c) A permit is obtained from the director ofpublic works or his representative andposted on the job site.

Sec. 7-3-19. Notification of the director of

public works or his representa-

tive; completion of work.

The director of public works or his representa-tive shall be notified at least twenty-four (24)hours prior to the beginning of the excavation,and all work shall be completed within seven (7)calendar days or an extension of time shall besecured in writing from the director of publicworks or his representative. A minimum of one (1)


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hour's advance notice during regular workinghours (8:30 a.m. to 5:00 p.m.) shall be given priorto beginning any backfill operation. Any backfillaccomplished without the minimum one-hour ad-vance notice shall be removed in its entirety. Theapplicant must obtain permission from Augusta-Richmond County's inspector before placing con-crete or asphalt.


Construction for all road cut excavations shallconform to the standard detail approved by theAugusta-Richmond County engineer, including asa minimum:

(a) Select backfill compacted in lifts no morethan six (6) inches, loose measure, to atleast ninety-eight (98) percent of the max-imum dry density as determined by astandard proctor. No backfill work shallbegin until all required materials, alongwith a mechanical compactor and compe-tent operator for the compactor, are on thejob site.

(b) Eight-inch-thick portland cement con-crete, class "A" or better (minimum 611pounds cement/cu. yd.) shall be placedtwelve (12) inches wider, each side, thanthe excavated trench/ditch. All edges shallbe squared. The concrete shall be pro-tected until proper set is obtained.

(c) Final position of asphalt surface with sawcut edges to match the existing grade ofthe surrounding pavement after properrolling.

Sec. 7-3-21. Blocking traffic; signs.

No traffic shall be blocked at any time duringconstruction unless approved as part of the per-mit and all required signs and state-certifiedflagmen are in place. All signs, barricades andflagmen shall be provided by the contractor at hisexpense, and placed as directed by the publicworks director or his representative.

Sec. 7-3-22. Repairs to cut pavement; cost.

Where pavement is cut, repairs to such pave-ment shall be made by the person, utility com-

pany or contractor who made the cut. Such re-pairs shall be made according to specificationsapproved by the public works director which shallbe furnished to the person, utility company orcontractor by said director. All cuts and repairs tocuts shall be made under the supervision of thepublic works director. The person, utility com-pany or contractor shall pay as a fee the sum often cents per square foot on footage agreed uponby the commissioner of public works and theperson, utility company or contractor, but not lessthan three dollars per cut. This fee shall be paidwithin thirty days after the cut is made, by theperson or utility company making the cut andrepairs, and shall be deposited to the credit of thedepartment from which inspectors under the pub-lic works director are paid.

Sec. 7-3-23. Failure to complete work.

In the event the contractor does not completethe excavation work within seven (7) days orwithin any extended time granted, or in a satis-factory manner, the director of public works or hisrepresentative shall have the work done withAugusta-Richmond County forces or by contractand shall bill the bonding company of the contrac-tor at a rate twice the actual cost.

Sec. 7-3-24. Emergency permits.

Emergency permits may be obtained from thedirector of public works or his representative bytelephone and must be verified in writing withintwenty-four (24) hours by the contractor. All re-quirements contained herein shall apply to emer-gency permits (as deemed feasible by the directorof public works or his representative).

Sec. 7-3-25. Penalty for noncompliance.

Failure to comply with any section or subsec-tion of this article, except as approved in writingby the director of public works or his representa-tive, in advance, shall result in a fine of fivehundred dollars ($500.00) per day, with each dayconsidered a separate violation. This fine is inaddition to the cost of repairs as prescribed insection 7-4-22. Any company that violates this


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article will not have any further permits issuedfor additional work until all fines are paid and alloutstanding repairs are completed.

ARTICLE 4. USE OF COUNTY

RIGHTS-OF-WAY

Sec. 7-3-26. Heavy equipment on right-of-

way.

This section shall cover any person, associa-tion, or business entity using heavy equipment(as hereinafter defined) on or over an Augusta-Richmond County road, right-of-way and/or ease-ment in carrying out its business by loading,unloading and/or transporting materials of anynature, whether on the road surface or on thepaved or unpaved portion of a right-of-way and/oreasement (including ditches or embankments).


As used in this article, the term:

(a) Access site. Any temporary or permanentroadway, drive, structure, fill or device,existing or constructed, that is used oremployed for the purpose of crossing, trav-eling upon or using an Augusta-RichmondCounty road, right-of-way and/or ease-ment.

(b) Augusta-Richmond County right-of-way.For the purpose of this Ordinance, theentire right-of-way of any road (as definedherein), including without limitation theshoulder, front slope, ditch, drain, backslope, facility or any appurtenance of suchroad.

(c) Heavy equipment and vehicle. Any and allmotorized devices in, upon or by whichany person, material or property may betransported or drawn, including withoutlimitation semitrailers, trailers, tractors,and truck tractors, provided, however, thatheavy equipment and/or vehicles beingused for the control or extinguishing offire and/or flood control shall be exemptfrom this statute.

(d) Loading and/or unloading shall be de-fined by their everyday meanings, but

also shall include any activity known asharvesting or mining of any product ormaterial.

(e) Operations. Those activities contemplatedby this article, including without limita-tion the loading, unloading and/or trans-porting of raw materials such as stone,metal, timber, oil, fill dirt, produce andkaolin.

(f) Operator. Any individual, partnership, cor-poration, association or private organiza-tion of any character, including withoutlimitation said operator's agents and em-ployees, carrying out the activities con-templated by this article.

(g) Road. Any Augusta-Richmond County-owned or maintained highway, road, street,avenue, drive, detour or other way open tothe public and intended or used for thepassage of motor vehicles.

Sec. 7-3-28. Commencement of operations.

(a) All persons engaging in operations usingheavy equipment or vehicles in excess of three (3)tons on or across an Augusta-Richmond Countyroad, right-of-way and/or easement must providein writing to the Engineering Services depart-ment the following information at least forty-eight (48) hours before commencing said opera-tions:

(1) The name, address, and phone number ofthe party which will be carrying on saidoperations;

(2) The approximate location of access site(s)to the road or the approximate location ofthe right(s)-of-way and/or easements af-fected;

(3) The date operations are to commence;

(4) The estimated date all operations will becompleted; and

(5) The name of the title owner of the tract ofland on which operations shall occur;


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(b) Provided, however, that any Operator us-ing Augusta-Richmond County roads, rights-of-way and/or easements more frequently than onceeach month in the same location shall be requiredto:

(1) Provide this information to the Engineer-ing Services department once each three(3) months;

(2) Allow monthly inspections by the Engi-neering Services department of its opera-tions; and

(3) Pay to the Engineering Services depart-ment a user impact fee of fifty dollars($50.00) per inspection in connection withsaid inspections.

Sec. 7-3-29. Performance standards.

(a) Loading and/or unloading. All loadingand/or unloading shall be conducted at a siteoutside the Augusta-Richmond County rights-of-way and behind the established ditch line ofAugusta-Richmond County roads and/or ease-ments.

(b) Ditches and drainage structures. Ditchesand drainage structures within fifty (50) feet of anaccess site and/or right-of-way and/or easementshall be kept clear of debris, soil and residue at alltimes to allow for proper drainage. Culverts shallbe installed at access sites and/or temporaryentrances, as needed, to facilitate proper drainageflow. Culvert openings shall be as approved by theEngineering Services department.

(c) Warning signs. Any Operator engaging inoperations as defined herein shall be required topost warning signs at least 500 feet on all ap-proaches to the location of operations, adequatelywarning oncoming traffic of persons, heavy equip-ment, vehicles or machinery entering the area.

(d) Roadway. Operators shall be responsiblefor keeping Augusta-Richmond County roads,rights-of-way and/or easements serviceable andclear of debris, soil, mud and/or other materials atall times to allow for the safe passage of schoolbuses, emergency vehicles, mail carriers, andtraffic of the general public.

(e) Notifications upon completion of opera-tions. No later than forty-eight (48) hours aftercompletion of operations, Operator shall give writ-ten notification of such completion to the Engi-neering Services department. Within eight (8)days of receiving said notification of completion,the Engineering Services department shall causea site inspection to be made by a designatedofficial of said department, and shall providewritten notice to the Operator as to whether thesite is in proper repair. Should said written noticenot be provided by the Engineering Services de-partment within a reasonable time period, Oper-ator shall not be held responsible or liable underthis article.

(f) Determination of proper state of repair; ap-peal of determination. If it is determined by theEngineering Services department during opera-tions that any Augusta-Richmond County road,right-of-way and/or easement, or any access site,is not in a proper state of repair, a writtennotification of said determination shall be issuedto the Operator. Any Operator receiving notifica-tion that a site is not in a proper state of repair(whether said notification is received during or atthe completion of operations) shall have ten (10)days to correct the site or to appeal the determi-nation of the Engineering Services department tothe Augusta-Richmond County Commission. Ap-peal shall be made by filing a notice of appealwith the Clerk of the Commission within said ten(10) day period. In the event of appeal, the Com-mission shall render a decision on the appeal atthe next regular meeting of the Commission fol-lowing receipt of the notice of appeal. The Com-mission may receive evidence on behalf of boththe Operator and/or the Engineering Servicesdepartment at the hearing of any appeal underthis article.

(g) Abatement; bonding requirement. If repairsin accordance with subsection (f), above, are notmade by Operator within ten (10) days of notifi-cation by the Engineering Services department,or within ten (10) days of a decision of theCommission adverse to the Operator, then theCommission shall cause the repairs to be madeand shall tax the cost of the repairs against theOperator and the property in the same mannerand under the same terms as the cost of other


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public improvements is taxed. The cost shallconstitute a lien against the property, and thedelinquent tax collector shall issue a fi.fa. in thename of the Augusta-Richmond County, acting byand through its Commission, for the cost, and, atthe sole option of the Commission, levy the fi.fa.upon, and expose for sale, the property in thesame manner as levies and sales under tax fi.fa.sare now executed. The Commission shall furtherrequire posting of a bond or letter of credit in anamount to be determined by the Commissionafter recommendation from the Engineering Ser-vices department for future operations on Augusta-Richmond County roads, rights-of-way and/or ease-ments. Said bond will remain in force until theconclusion of operations with all access sites,roads, rights-of-way and/or easements being insatisfactory condition as prescribed by this Ordi-nance. At such time, said bond will be returned toOperator within ten (10) days.

Sec. 7-3-30. Violation; penalty.

For all violations of this article besides failureto repair as addressed in subsections (f) and (g),above, the Engineering Services department shallmake a case against the offending party and,upon trial and conviction, the offending partyshall be punished as provided in section 1-6-1 ofthis Code.

ARTICLE 5 SOIL EROSION AND

SEDIMENT CONTROL

Editor’s note—Ord. No. 6947, adopted February 22, 2007,repealed and readopted Article 5 in its entirety. Formerly, saidarticle pertained to similar subject matter and derived fromOrd. No. 6710, §§ I—X, adopted 7-21-04. A copy of thisOrdinance is available in the offices of the city and is antici-pated to be printed in Supplement No. 1, 2007.


7-3-52—7-3-59. Reserved.

ARTICLE 6.B STREET AND ROAD

DESIGN*

ARTICLE 6. GRADING PERMIT

Sec. 7-3-40. Statement of purpose.

Soil erosion and sediment deposition onto landsand into waters in Augusta, Georgia are occurringas a result of land clearing, excavation, filling,grading, and construction activities. Such erosionand sediment deposition results in pollution ofAugusta, Georgia waters and damage to domes-tic, agricultural, recreational, fish and wildlife,and other resource uses.

This article provides rules and regulations forexcavation, filling, and grading activities withinAugusta, Georgia and provides for administrationand enforcement of said rules and regulations.(Ord. No. 6166, 6-1-99)


Unless the context otherwise requires, the fol-lowing terms, as used in this article, are definedas follows:

(a) Excavation. Mechanical removal of earthmaterial.

(b) Fill. The deposit of earth material placedby artificial means.

(c) Grading. Any excavation or filling or com-bination thereof.

(Ord. No. 6166, 6-1-99)

Sec. 7-3-42. Exemptions.

No excavation, filling, or grading shall be con-ducted within Augusta, Georgia, except for thoseactivities as provided below, without first secur-ing a permit as required by this article. Thefollowing activities are exempted from the provi-sions of this article.

(a) Minimum land disturbing activities suchas house gardens, and individual homelandscaping, repairs, maintenance workand other related activities;

*Editor’s note—Ord. No. 6174, § 1, adopted July 6, 1999,set out provisions for an Art. 7. Whereas Art. 7 already existed,these provisions were redesignated as Art. 6.5. See the CodeComparative Table.


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(b) Agricultural practices involving the estab-lishment, cultivation, or harvesting of prod-ucts of the field or orchard, preparing andplanting of pasture land, forestry landmanagement practices including harvest-ing (where stumps are not removed), farmponds, dairy operations, livestock and poul-try management practices, and the con-struction of farm buildings;

(c) Projects carried out under the technicalsupervision of the Soil Conservation Ser-vice of the U.S. Department of Agricul-ture;

(d) Excavation below finished grade for base-ments and footings of a building, retain-ing wall or other structure authorized bya valid building permit. This shall notexempt any fill made with the materialfrom such excavation nor exempt anyexcavation having an unsupported heightgreater than five (5) feet after the comple-tion of such structure;

(e) Cemetery graves;

(f) Approved refuse disposal sites controlledby other regulations;

(g) Excavations for wells or tunnels or utili-ties;

(h) Approved mining, quarrying, excavation,processing, stockpiling of rock, sand, gravel,aggregate or clay where established andprovided for by law, provided such opera-tions do not affect the lateral support orincrease the stress in or pressure uponany adjacent or contiguous property;

(i) Exploratory excavations under the direc-tion of soil engineers or engineering geol-ogists.

(Ord. No. 6166, 6-1-99)

Sec. 7-3-43. Permit procedures.

(a) Except as exempted in § 7-3-42, no personshall do any excavation, filling, or grading with-out first obtaining a grading permit from theAugusta-Richmond County Planning Commis-sion. A separate permit shall be required for eachsite.

(b) Where a new single family residential build-ing is to be immediately constructed or where amanufactured home is to be placed on a parcel, anindividual plot plan pursuant to the Soil Erosionand Sediment Control Ordinance section 7-3-35(b)(1) shall be provided and reviewed by thelicense and inspections department before a build-ing permit is issued for a single family residentialbuilding or before a certificate of occupancy isissued for a manufactured home.

(c) To obtain a permit for a residential lot in anapproved subdivision where grading is to be con-ducted but a home is not to be immediatelyconstructed, the applicant shall phone or visit theAugusta-Richmond County Planning Commis-sion to obtain a permit number. Information re-quired for each residential grading site shall be:

(1) Lot number, block number, subdivisionname, tax parcel number (if available)and street address or similar descriptionthat will readily identify and locate theproposed grading activity;

(2) Lot owner;

(3) Contractor performing the grading activ-ity;

(4) Name, address and phone number of per-son making the application;

(5) Estimated start and completion dates.

In all other areas, to obtain a permit for grad-ing activities where no new building construction(residential or commercial) is immediately immi-nent; the applicant shall submit a grading planper the requirements of section 7-3-44 of thisCode.

(d) A site plan will also be required for com-mercial development not specifically exempted insection 7-3-42. The Augusta-Richmond CountyPlanning Commission staff shall review each ap-plication for a site plan under this article, anddetermine whether said application is in conflictwith other ordinances of the Augusta-RichmondCounty Code, such as those relative to zoning,subdivision of land, soil erosion and floodplainmanagement. Unless exempted elsewhere in thisarticle, a grading plan will be required.


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(e) Site activity involving land disturbancegreater than one and one-tenth (1.1) acre shallalso be required to submit a soil erosion sedimentcontrol plan per the provisions of section 7-3-31 etseq. of the Augusta-Richmond County Code.

(f) A site plan/grading plan/soil erosion planwill be reviewed by the appropriate reviewingagencies for compliance with Augusta-RichmondCounty Code and a grading permit will be issuedupon approval from said reviewing agencies.(Ord. No. 6166, 6-1-99)

Sec. 7-3-44. Grading plan requirements.

(a) Grading plans shall be drawn to scale nosmaller than one (1) inch equals one hundred(100) feet. Where large sites are being planned,they may be drawn on one or more sheets. Nodrawing shall exceed thirty-six (36) inches byforty-eight (48) inches in size.

(b) The following information shall be includedon each grading plan:

(1) Name of development;

(2) Owner (name, address, and telephone num-ber);

(3) Developer (name, address, and telephonenumber);

(4) Date plan drawn, and revision dates asapplicable;

(5) Seal and signature of a registered engi-neer;

(6) North arrow with reference;

(7) Scale (no less than one (1) inch = onehundred (100) feet);

(8) Tax parcel number;

(9) Zoning classification;

(10) Use and zoning of all adjacent parcelswith owner(s) name(s);

(11) Existing and proposed elevations refer-enced to mean sea level, with a contourinterval of two (2) feet, accurate to one-half contour to indicate surface drainagepatterns;

(12) Source of datum (benchmark used: GSbenchmark, if available), and location ofBM or TBM at the site;

(13) Existing pavement width and right-of-way width of any existing streets adjacentto the development and distances to near-est intersection;

(14) Acreage of property to be developed;

(15) Location sketch (scale no less than one (1)inch = two thousand (2,000) feet); and

(16) Heavy outline of 100-year flood plain andnote thereof. Any disturbances within floodplain limits must comply with the cityflood ordinance. If the property is not in a100-year flood plain then write a notestating that.

(Ord. No. 6166, 6-1-99)

Sec. 7-3-45. Placard.

(a) No placard is required for residential lotsin an approved subdivision; however a permitnumber is required per the phone-in procedureslisted elsewhere in this article.

(b) When a site plan application is approvedpursuant to this article, a placard shall be pre-sented to the applicant illustrating the permitnumber, name of the applicant and the locationand description of the permitted activity. Suchplacard shall be provided free of charge and shallbe placed on the site in a conspicuous place visiblefrom nearby streets or roads before work com-mences.(Ord. No. 6166, 6-1-99)

Sec. 7-3-46. Inspection and revocation.

The city engineer shall be responsible for in-specting or requiring inspection of work beingperformed under the requirements of this article.Permits issued under the provisions of this articlemay be suspended, revoked or modified upon afinding that the activity of the holder is notconsistent with information provided in his per-mit application.(Ord. No. 6166, 6-1-99; Ord. No. 6939, § 13,1-18-07)

State law reference—O.C.G.A. § 41-2-12.


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Sec. 7-3-47. Enforcement.

It shall be the duty of the city engineer toenforce the provisions of this article within Au-gusta, Georgia. This enforcement shall be in themanner and form with the powers provided in thelaws of the state and in the Augusta-RichmondCounty Code. Violations of the provisions of thisarticle shall be called to the attention of thecounty attorney, who shall immediately instituteinjunctions, abatement, or any other appropriateaction to prevent, enjoin, abate, or remove suchviolations. Any property owner who may be dam-aged by any violation of this article may alsoinstitute such action. Any person or corporation,whether as principal, agent, employee, or other-wise, who violates any provision of this articleshall be guilty of an offense and upon convictionshall be punished as provided in Augusta-Rich-mond Code section 1-6-1.(Ord. No. 6166, 6-1-99)

Sec. 7-3-48. License required.

Contractors or builders conducting excavation,grading, and filling projects in August, Georgiathat are not exempted under the provisions of thisarticle shall comply with section 2-1-1 et seq. ofthe Augusta-Richmond County Code.(Ord. No. 6166, 6-1-99)

Sec. 7-3-49. Conflict with other laws.

No provision of this article shall authorize anyperson to violate, or to pollute any waters of theState of Georgia as defined by any provisions ofthe "Water Quality Control Act" (Georgia Laws,1964, p. 416), as now or hereafter amended, or therules and regulations promulgated and approvedthereunder nor shall this article release any per-son from legal obligations embodied in any otherfederal, state or local laws or ordinances.(Ord. No. 6166, 6-1-99)

Sec. 7-3-50. Appeal procedure.

Any person aggrieved by a decision or order ofthe issuing authority to the requirements of thisarticle shall first present the grievance to theissuing authority for a hearing within thirty (30)days of the decision or order and lacking a satis-factory settlement shall then have the right to

appeal de novo to the Superior Court of RichmondCounty. Appeals to superior court must be filedwithin thirty (30) days of the date of the decisionof the issuing authority; and upon failure to filesaid appeal within thirty (30) days, the decision ofthe issuing authority shall be final.(Ord. No. 6166, 6-1-99)


Any clause or provision of this article declaredinvalid shall not affect the validity of the articleas a whole or any part thereof.(Ord. No. 6166, 6-1-99)


Construction of all roads and streets to bededicated to Augusta, Georgia shall conform tothe standard detail approved by the AugustaDepartment of Public Works and Engineering, asset forth in the Street and Road Design TechnicalManual.

ARTICLE 7 NUISANCE ABATEMENT—IN

REM PROCEEDINGS

Sec. 7-3-61. Findings of the existence of nui-

sances.

(a) The governing authority of Augusta, Geor-gia find and declare that within Augusta there isthe existence or occupancy of dwellings or otherbuildings or structures which are unfit for humanhabitation or for commercial, industrial, or busi-ness occupancy or use and not in compliance withapplicable state minimum standard codes asadopted by ordinance or operation of law or anyoptional building, fire, life safety, or other codesrelative to the safe use of real property and realproperty improvements adopted by ordinance inAugusta; or general nuisance law and whichconstitute a hazard to the health, safety, andwelfare of the people of Augusta and the State ofGeorgia; and that a public necessity exists for therepair, closing, or demolition of such dwellings,buildings, or structures.

(b) It is further found and declared that inAugusta where there is in existence a condition oruse of real estate which renders adjacent real


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estate unsafe or inimical to safe human habita-tion, such use is dangerous and injurious to thehealth, safety, and welfare of the people of Au-gusta and a public necessity exists for the repairof such condition or the cessation of such usewhich renders the adjacent real estate unsafe orinimical to safe human habitation. The governingauthority of Augusta finds that there exists inAugusta dwellings, buildings, or structures whichare unfit for human habitation or for commercial,industrial, or business uses due to dilapidationand which are not in compliance with applicablecodes; which have defects increasing the hazardsof fire, accidents, or other calamities; which lackadequate ventilation, light, or sanitary facilities;or other conditions exist rendering such dwell-ings, buildings or structure unsafe or unsanitary,or dangerous or detrimental to the health, safety,or welfare, or otherwise inimical to the welfare ofthe residents of Augusta, or vacant, dilapidateddwellings, buildings, or structures in which drugcrimes are being committed, and private propertyexists constituting an endangerment to the publichealth or safety as a result of unsanitary orunsafe conditions to those persons residing orworking in the vicinity of the property.

(c) It is the intention of the governing author-ity that this Ordinance shall comply with anddoes comply with O.C.G.A. § 41-2-9(a) as a findingthat conditions as set out in O.C.G.A. § 41-2-7exist within Augusta, Georgia.(Ord. No. 6454, § 1, 1-15-02)


ARTICLE 8 RULES AND REGULATIONS

FOR ABATEMENT OF UNSAFE OR

UNHEALTHFUL PREMISES*


(a) Applicable codes shall mean

(1) Any technical code, together with applica-ble appendices, adopted in Augusta-Rich-mond County Code §7-1-16, as currentlyprovided or hereafter amended.

(2) Any optional housing or abatement stan-dard provided in Chapter 2 of Title 8 ofthe O.C.G.A. as adopted by ordinance oroperation of law, or general nuisance law,relative to the safe use of real property;

(3) Any fire or life safety code as provided forin Chapter 2 of Title 25 of the O.C.G.A.;and

(4) Any building codes adopted by local ordi-nance prior to October 1, 1991, or theminimum standard codes provided inO.C.G.A. Chapter 2 of Title 8 after Octo-ber 1 provided that such building or min-imum standard codes for real propertyimprovements shall be deemed to meanthose building or minimum standard codesin existence at the time such real propertyimprovements were constructed unless oth-erwise provided by law.

(b) Closing shall mean causing a dwelling,building, or structure to be vacated and securedagainst unauthorized entry.

(c) Drug crime shall mean an act which is aviolation of O.C.G.A. Article 2 of Chapter 13 ofTitle 16, known as the Georgia Controlled Sub-stances Act.

(d) Dwellings, buildings, or structures shallmean any building or structure or part thereofused and occupied for human habitation or com-mercial, industrial, or business use, or intendedto be so used, and includes any outhouses, im-provements, and appurtenances belonging theretoor usually enjoyed therewith and also includesany building or structure of any design. The term'dwellings, buildings, or structures' shall not meanor include any farm, any building or structurelocated on a farm, or any agricultural facility orother building or structure used for the produc-tion, growing, raising, harvesting, storage, or pro-cessing of crops, livestock, poultry, or other farmproducts.

(e) Governing authority shall mean theAugusta-Richmond County Commission.

(f) Municipality shall mean Augusta-Rich-mond County.

*Editor’s note—Ord. No. 6455, § 1, adopted January 15,2002, designated the provisions of this article as §§ 7-3-44—7-3-46. Inasmuch as these sections already exist in this Code,at the editors discretion, these sections have been redesig-nated as §§ 7-3-71—7-3-73.


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(g) Owner shall mean the holder of the title infee simple and every mortgagee of record.

(h) Parties in interest shall mean:

(1) Persons in possession of said property andpremises;

(2) Persons having a record in the county inwhich the dwelling, building, or structureis located any vested right, title, or inter-est in or lien upon such dwelling, build-ing, or structure or the lot, tract, or parcelof real property upon which the structureis situated or upon which the public healthhazard or general nuisance exists basedupon a 50 year title examination con-ducted in accordance with the title stan-dards of the State Bar of Georgia;

(3) Persons having paid an occupational taxto the governing authority for a locationor office at the subject building or struc-ture; or

(4) Persons having filed a property tax returnwith the governing authority as to thesubject property, building, or structure.

(i) Public authority shall mean any member ofa governing authority, any housing authority of-ficer, or any officer who is in charge of anydepartment or branch of the government of themunicipality, county, or state relating to health,fire, or building regulations or to other activitiesconcerning dwellings, buildings, or structures inthe county or municipality.

(j) Public officer shall mean the officer or offic-ers who are authorized by O.C.G.A. Section 41-2-7, Section 41-2-8 and Sections 41-2-9 through41-2-17 and by this Ordinance adopted underSection 41-2-7, Section 41-2-8, and Sections 41-2-9 through 41-2-17 to exercise the powers pre-scribed by this article or any agent of such officeror officers.

(k) Repair shall mean altering or improving adwelling, building, or structure so as to bring thestructure into compliance with the applicablecodes in the jurisdiction where the property islocated and the cleaning or removal of debris,

trash, and other materials present and accumu-lated which create a health or safety hazard in orabout any dwelling, building, or structure.

(l) Resident shall mean any person residing inthe jurisdiction where the property is located onor after the date on which the alleged nuisancearose.(Ord. No. 6455, § 1, 1-15-02)

Sec. 7-3-72. Duties of owners.

It is the duty of the owner of every dwelling,building, structure, or property within the juris-diction of Augusta to construct and maintain suchdwelling, building, structure, or property in con-formance with applicable codes in force withinAugusta, or such ordinances which regulate andprohibit activities on property and which declareit to be a public nuisance to construct or maintainany dwelling, building structure or property inviolation of such codes or ordinances;(Ord. No. 6455, § 1, 1-15-02)

Sec. 7-3-73. Nuisance abatement procedures.

(a) Appointment of public officer. The Augusta-Richmond County Commission appoints and des-ignates the Director, License and Inspection andhis/her designee as public officer(s) to exercise thepowers prescribed by this Article;

(b) Procedures for determining premises to beunsafe or unhealthful.

(1) Whenever a request is filed with the pub-lic officer by a public authority or by atleast five (5) residents of Augusta charg-ing that any dwelling, building, or struc-ture is unfit for human habitation or forcommercial, industrial or business useand not in compliance with applicablecodes; is vacant and being used in connec-tion with the commission of drug crimes;or constitutes an endangerment to thepublic health or safety as a result ofunsanitary or unsafe conditions, the pub-lic officer shall make an investigation orinspection of the specific dwelling, build-ing, structure, or property. If the publicofficer's investigation or inspection iden-tifies that any dwelling, building, struc-ture, or property is unfit for human hab-


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itation or for commercial, industrial, orbusiness use and not in compliance withapplicable codes; is vacant and being usedin connection with the commission of drugcrimes; or constitutes an endangermentto the public health or safety as a result ofunsanitary or unsafe conditions, the pub-lic officer shall make an investigation orinspection of the specific dwelling, build-ing, structure, or property. If the officer'sinvestigation or inspection identifies thatany dwelling, building, structure, or prop-erty is unfit for human habitation or forcommercial, industrial, or business useand not in compliance with applicablecodes; is vacant, and being used in con-nection with the commission of drug crimes;or constitutes an endangerment to thepublic health or safety as a result ofunsanitary or unsafe conditions, the pub-lic officer may issue a complaint in remagainst the lot, tract, or parcel of realproperty on which such dwelling, build-ing, or structure is situated or where suchpublic health hazard or general nuisanceexists and shall cause summons and acopy of the complaint to be served on theowner and parties in interest in suchdwelling, building, or structure. The com-plaint shall identify the subject real prop-erty by appropriate street address andofficial tax map reference; identify theowner of the parties in interest, state withparticularity the factual basis for the ac-tion; and contain a statement of the actionsought by the public officer to abate thealleged nuisance. The summons shall no-tify the owner and parties in interest thata hearing will be held before a court ofcompetent jurisdiction as determined byO.C.G.A. Section 41-2-5, at a date andtime certain and at a place within Au-gusta where the property is located. Suchhearing shall be held not less than fifteen(15) days nor more than forty-five (45)days after the filing of said complaint incourt. The owner and parties in interestshall have the right to file an answer tothe complaint and to appear in person orby attorney and offer testimony at thetime and place fixed for hearing;

(2) If after such notice and hearing, the courtdetermines that the dwelling, building, orstructure in question is unfit for humanhabitation or is unfit for its current com-mercial, industrial, or business use andnot in compliance with applicable codes;is vacant and being used in connectionwith the commission of drug crimes; orconstitutes an endangerment to the pub-lic health and safety as a result of unsan-itary or unsafe conditions, the court shallstate in writing findings of fact in supportof such determination and shall issue andcause to be served upon the owner andany parties in interest that have an-swered the complaint or appeared at thehearing an order:

a. If the repair, alteration, or improve-ment of the said dwelling, building,or structure can be made at a rea-sonable cost in relation to the presentvalue of the dwelling, building, orstructure, requiring the owner, withinthe time specified in the order, torepair, alter, or improve such dwell-ing, building, or structure so as tobring it into full compliance with theapplicable codes relevant to the citedviolation and if applicable, to securethe structure so that it cannot beused in connection with the commis-sion of drug crimes; or

b. If the repair, alteration, or improve-ment of the said dwelling, building,or structure in order to bring it intofull compliance with applicable codesrelevant to the cited violations can-not be made at a reasonable cost inrelation to the present value of thedwelling, building, or structure, re-quiring the owner, within the timespecified in the order, to demolishand remove such dwelling, building,or structure and all debris from theproperty.

For purposes of this Article, the courtshall make its determination of rea-sonable cost in relation to the presentvalue of the dwelling, building or


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structure without consideration ofthe value of the land on which thestructure is situated; provided, how-ever, that costs of the preparationnecessary to repair, alter, or improvea structure may be considered. In-come and financial status of the ownershall not be a factor in the court'sdetermination. The present value ofthe structure and the costs of repair,alteration, or improvement may beestablished by affidavits of real es-tate appraisers with a Georgia ap-praiser classification as provided inChapter 39A of Title 41, of theO.C.G.A., qualified building contrac-tors, or qualified building inspectorswithout actual testimony presented.Costs of repair, alteration, or improve-ment of the structure shall be thecost necessary to bring the structureinto compliance with the applicablecodes relevant to the cited violationsin force in the jurisdiction.

c. If the owner fails to comply with anorder to repair or demolish the dwell-ing, building, or structure, the publicofficer may cause such dwelling,building, or structure, to be re-paired, altered, improved, to be va-cated and closed, or demolished. Thepublic officer shall cause to be postedon the main entrance of the building,dwelling, or structure a placard withthe following words:

'This building is unfit for humanhabitation or commercial, indus-trial, or business use and does notcomply with applicable codes or hasbeen ordered secured to prevent itsuse in connection with drug crimesor constitutes an endangerment topublic health or safety as a result ofunsanitary or unsafe conditions. Theuse or occupation of this building isprohibited and unlawful.'

d. If the public officer has the structuredemolished, reasonable effort shallbe made to the salvage reusable ma-

terials for credit against the cost ofdemolition. The proceeds of any mon-eys received from salvaged materi-als shall be used or applied againstthe cost of the demolition and re-moval of the structure, and properrecords shall be kept showing appli-cation of sales proceeds. Any suchsale of salvaged materials may bemade without necessity of public ad-vertisement and bid. The public of-ficer and Augusta are relieved of anyand all liability resulting from oroccasioned by the sale of any suchsalvaged materials, including, with-out limitation, defects in such sal-vaged materials.

e. The amount of the cost of demolition,including all court costs, appraisalfees, administrative costs incurredby the tax commissioner, and allother costs necessarily associated withthe abatement action, including res-toration to grade of the real propertyafter demolition, shall be a lienagainst the real property upon whichsuch cost was incurred.

1. The lien provided for in para-graph c. of subsection 2. of thisOrdinance section shall attachto the real property upon thefiling of a certified copy of theorder requiring repair, closureor demolition in the office of theClerk of Superior Court in Rich-mond County and shall relateback to the date of the filing ofthe lis pendens notice requiredunder subsection (g) of O.C.G.A.§ 41-2-12. The Clerk of Supe-rior Court shall record and in-dex such certified copy of theorder in the deed records ofRichmond County and enter thelien on the general executiondocket. The lien shall be supe-rior to all other liens on prop-erty, except liens for taxes towhich the lien shall be inferior,


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and shall continue in force un-til paid. After filing certifiedcopy of the order with Clerk ofSuperior Court, the public of-ficer shall forward a copy of theorder and final statement ofcosts to the county tax commis-sioner. It shall be duty of thecounty tax commissioner to col-lect the amount of lien in con-junction with the collection ofad valorem taxes on the prop-erty and to collect the amountof the lien as if it were realproperty ad valorem tax, usingall methods available for collec-tion of real property ad valoremtax, including specifically Chap-ter 4 of Title 48 of the O.C.G.A.,provided, however that the lim-itation of O.C.G.A. § 48-4-78which requires twelve (12)months of delinquency beforecommencing a tax foreclosureshall not apply. The tax com-missioner shall remit theamount collected to the govern-ing authority of Augusta, Geor-gia. Thirty days (30) after im-position of the lien, the unpaidlien amount shall bear interestand penalties in the sameamount as applicable to inter-est and penalties on unpaid realproperty ad valorem taxes.

2. The tax commissioner shall col-lect and retain an amount equalto cost of administering a lienauthorized by O.C.G.A. § 41-2-7 et seq. unless such costs arewaived by resolution of the Au-gusta. Any such amount col-lected and retained for admin-istration shall be deposited inthe general fund of the countyto pay the cost of administeringthe lien.

3. Augusta may waive and re-lease any such lien imposed on

property upon the owner of suchproperty entering into a con-tract with the county or munic-ipality agreeing to a timetablefor rehabilitation of the realproperty or the dwelling, build-ing, or structure on the prop-erty and demonstrating the fi-nancial means to accomplishsuch rehabilitation.

4. Where the abatement actiondoes not commence in the supe-rior court, review of a courtorder requiring the repair, al-teration, improvement, or dem-olition of a dwelling, building,or structure shall be by directappeal to Richmond County Su-perior Court under O.C.G.A. § 5-3-29.

5. The public officers designatedherein may issue citations forviolations of state minimumstandard codes, optional build-ing, fire, life safety, and othercodes adopted by ordinance, andconditions creating a publichealth hazard or general nui-sance, and may seek to enforcesuch citation in any court ofcompetent jurisdiction prior toissuing a complaint in rem asprovided in this Article.

6. Nothing in this Article shall beconstrued to impair or limit inany way the power of Augustato define and declare nuisancesand to cause their removal orabatement by summary proceed-ings or otherwise.

(c) Powers of Public Officers. The public offic-er(s) designated in this Article shall have thefollowing powers:

(1) To investigate the dwelling conditions inAugusta in order to determine which dwell-ings, buildings, or structures therein areunfit for human habitation or are unfit forcurrent commercial, industrial, or busi-


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ness use are vacant, dilapidated, and be-ing used in connection with the commis-sion of drug crimes;

(2) To administer oaths and affirmations, toexamine witnesses, and to receive evi-dence;

(3) To enter upon premises for the purpose ofmaking examinations; provided, however,that such entries shall be made in suchmanner as to cause the least possibleinconvenience to the persons in posses-sion;

(4) To appoint and fix the duties of suchofficers, agents, and employees as he orshe deems necessary to carry out thepurposes of this Article; and

(5) To delegate any of his or her functions andpowers under this Article to such officersand agents as he or she may designate.

(d) Services of Complaints.

(1) Complaints issued by a public officer pur-suant to this Article shall be served in thefollowing manner: In all cases, a copy ofthe complaint and summons shall be con-spicuously posted on the subject dwelling,building, or structure within three (3)business days of filing of the complaintand at least ten (10) days prior to the dateof the hearing. A copy of the complaintand summons shall be served in one of thefollowing ways:

a. Personal service upon each ownerand party in interest if such partiesare residents of the county. Serviceshall be perfected at least ten (10)days prior to the date of the hearing.Service may be made by the publicofficer designated by this Article toabate nuisances or by any law en-forcement officer of Augusta; and areturn of service, filed with the clerkof the appropriate court, shall bedeemed sufficient proof that servicewas perfected;

b. Pursuant to the provisions of O.C.G.A.§ 41-2-12; or

c. Statutory overnight delivery.

(2) If any owner or party in interest is aresident of this state but resides outsideof the county, service shall be perfected bycertified mail or statutory overnight de-livery, return receipt requested, to themost recent address shown in the Countytax files and mailed at least fourteen (14)days prior to the date of the hearing.

(3) Nonresidents of this state, whose mailingaddress is known, shall be served by cer-tified mail or statutory overnight delivery,return receipt requested, mailed at leastfourteen (14) days prior to the date of thehearing. For nonresidents whose mailingaddress is unknown, a notice stating thedate, time, and place of the hearing shallbe published in the newspaper in whichthe sheriff's advertisements appear in suchcounty once a week for two (2) consecutiveweeks prior to the hearing.

(4) In the event either the owner or any partyin interest is a minor, estate, an incompe-tent person, or person laboring under dis-abilities, the guardian or other personalrepresentative of such person shall beserved and such guardian or personalrepresentative resides outside the countyor is a nonresident of this state, he or sheshall be served as provided for in (d)subsection (6) of this Section. If suchowner or party in interest has no guard-ian or personal representative, serviceshall be perfected by serving the judge ofthe Probate Court of Richmond County atleast thirty (30) days prior to the date ofthe hearing which judge shall stand in theplace of and protect the rights of suchminor, estate, or incompetent person orappoint a guardian ad litem for suchperson.

(5) In the event of unknown persons or un-born remaindermen who are likely to haveany rights in the property or interest orthe proceeds thereof, the judge of theprobate court of the county wherein suchproperty or interest is located shall bepersonally served at least thirty (30) days


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prior to the date of the hearing, and itshall be the duty of the judge of theProbate Court to stand in the place of theprotect the rights of such unknown par-ties or unborn remaindermen.

(6) In the event the whereabouts of any owneror party in interest is unknown and thesame cannot be ascertained by the publicofficer in the exercise of reasonable dili-gence or if any owner or party in interestcannot, after due diligence, be served asprovided in this Section, the public officershall make an affidavit to that effect andserve by publication in the manner pro-vided in subsection (5) of this Section, andsuch publication shall be sufficient proofthat service was perfected.

(7) A notice of lis pendens shall be filed in theoffice of the Clerk of Superior Court in thecounty in which the dwelling, building, orstructure is located at the time of filingthe complaint in the appropriate court.Such notice shall have the same force andeffect as other lis pendens notices pro-vided by law.

(8) Orders and other filings made subsequentto service of the initial complaint shall beserved in the manner provided in thisSection on the owner and any party ininterest who answers the complaint orappears at the hearing. Any party whofails to answer or appear at the hearingshall be deemed to have waived all fur-ther notice in the proceedings."

(9) Continued Use of Other Laws and Ordi-nances. It is the intent of the Augusta-Richmond County Commission that noth-ing in this Article shall be construed toabrogate or impair the powers of the courtsor of any department of Augusta to en-force any provisions of any local enablingAct, charter, or ordinance or regulationnor to prevent or punish violations thereof;and the powers conferred by this Articleshall be in addition to and supplementalto the powers conferred by any other lawor ordinance, legislation, or regulation.

(Ord. No. 6455, § 1, 1-15-02; Ord. No. 6939, § 13,1-2-07)


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Chapter 4

HISTORIC PRESERVATION

ARTICLE 1 IN GENERAL

Sec. 7-4-1. Purpose.

The historical, cultural and architectural heri-tage of Augusta-Richmond County is among itsmost valued and important assets and the pres-ervation of this heritage is essential to the pro-motion of the health, prosperity and general wel-fare of the people. Therefore, in order to stimulaterevitalization of the business districts and his-toric neighborhoods of Augusta-Richmond County,and to protect and enhance local historical, cul-tural, and architectural attraction to tourists andthereby promote and stimulate business; in orderto enhance the opportunities for federal or statetax benefits under relevant provisions of federalor state law; and in order to provide for thedesignation, protection, preservation and rehabil-itation of historic properties and historic districtsand to participate in federal or state programs todo the same; in order to promote the reuse andrecycling of existing building stock in Augusta-Richmond County and thereby conserve increas-ingly scarce landfill space and valuable naturalresources.

The Augusta-Richmond County Commissionhereby declares it to be the purpose and intent ofthis Chapter to establish a uniform procedure forthe protection, enhancement, and perpetuation ofplaces, districts, buildings, structures, objects,landscape features and works of art having ahistorical, cultural or architectural interest orvalue.


(a) Certificate of appropriateness. A documentevidencing approval by the Historic PreservationCommission of an application to make a materialchange in the appearance of a designated historicproperty or of a property located within a desig-nated historic district.

(b) Exterior architectural features. The archi-tectural style, general design and general arrange-ment of the exterior of a building or other struc-ture, including but not limited to the kind ortexture of the building material and the type andstyle of all windows, doors, signs, roofing andother appurtenant architectural features, detailsor elements relative to the foregoing.

(c) Exterior environmental features. All thoseaspects of the landscape or the development of asite which affect the historical character of theproperty.

(d) Historic district. A geographically defin-able area designated by the Commission as ahistoric district pursuant to the criteria estab-lished in section 7-4-13 of this Chapter.

(e) Historic property. An individual building,structure, site, object or work of art, and mayinclude the adjacent area necessary for the properappreciation thereof, designated by the Commis-sion as a historic property pursuant to the criteriaestablished in section 7-4-14 of this Chapter.

(f) Material change in appearance. A changethat will affect the exterior architectural or envi-ronmental features of any building, structure,site, object, landscape feature or work of artwithin a historic property or within a historicdistrict, such as:

(1) A reconstruction or alteration of the size,shape or facade of a historic property,including relocation of any doors or win-dows or removal or alteration of any ar-chitectural features, details or elements;

(2) Demolition or relocation of a historic struc-ture;

(3) Commencement of excavation for construc-tion purposes;

(4) A change in the location of advertisingvisible from the public right-of-way;

(5) The erection, alteration, restoration orremoval of any building or other structurewithin a historic property or district, in-cluding walls, fences, steps and pave-ments or other appurtenant features.


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ARTICLE 2 HISTORIC PRESERVATION

COMMISSION

Sec. 7-4-3. Creation.

There is hereby created a commission whosetitle shall be The Augusta-Richmond County His-toric Preservation Commission, hereinafter re-ferred to as Historic Preservation Commission.

Sec. 7-4-4. Members—Appointment; qualifi-

cations; terms and compensation.

(a) The Commission shall consist of ten (10)members (plus an additional two members shouldthe Richmond County Delegation choose to ap-point two members) to be appointed for four (4)year terms. All members shall be residents ofAugusta-Richmond County. Nominations shall besolicited from the Board of Trustees of HistoricAugusta, Inc. from at-large community recommen-dations.

(b) To the extent available, at least five (5)members shall be appointed from among profes-sionals in the disciplines of architecture, history,

architectural history, planning, archaeology, his-toric preservation or related disciplines. The re-maining members may be nonprofessionals, butmust have demonstrated special interest, experi-ence or education in regional history, historicarchitecture or the preservation of historic re-sources.

(c) Except as provided herein, members of theCity of Augusta Historic Preservation Commis-sion and members of the Richmond County His-toric Preservation Commission who were servingon said commissions on January 1, 1997, allhaving had their terms expire, shall serve untiltheir successors are appointed and qualified. Twoof the existing members shall have their termsterminate on March 31, 1997.

(d) The following members of said Commis-sions shall continue to serve until their successorsare appointed by the Commissioner representingthe respective District, and qualified, and are torepresent the districts as herein set forth, to wit:

(1) Isaac Johnson District 1(2) Addie Powell District 2(3) Carl Drennon District 3(4) Brian Halterman District 4(5) Paul Gonzalez District 5(6) William Dozier District 6(7) Pat Blanchard District 7(8) James Carter District 8(9) Al Cheatham District 9(10) Thomas Robertson District 10

(e) The successors to the members represent-ing Districts 1, 3, 5, 7, and 9 shall serve until April1, 1998, or until their successors are appointedand qualified.

(f) The successors to the members represent-ing Districts 2, 4, 6, 8, and 10 shall serve untilApril 1, 2000, or until their successors are ap-pointed and qualified.

(g) Members of the Historic Preservation Com-mission appointed by the Commissioner of therespective Districts to succeed those appointed in

subsection (e) and (f) hereof shall serve for termsof office of four (4) years and until their successorsare appointed and qualified.

(h) Should the Richmond County LegislativeDelegation choose to appoint two (2) members asprovided in the Consolidation Act, such membersshall serve for a term of four (4) years and untiltheir successors are appointed and qualified. Inthe event the appointing authority of the Legisla-tive Delegation is removed from the Consolida-tion Act, this subsection shall automatically berepealed.


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(i) All terms shall expire on March 31 of theapplicable year, and new terms shall begin onApril 1 of the applicable year.

(j) Members shall not receive a salary, al-though they may be reimbursed for expenses.

(k) Members who fail to attend three (3) con-secutive Historic Preservation Commission meet-ings will forfeit their seat upon the Commission.Commission By-Laws may provide for the condi-tions of excused absence from Commission meet-ings.

(l) In the event that vacancies upon the His-toric Preservation Commission for any period oftime remain unfilled, a Historic Preservation Com-mission consisting of six (6) or more membersmay exercise all powers delegated to the HistoricPreservation Commission under this Chapter, un-til the vacancies are filled.

Sec. 7-4-5. Statement of powers.

The Historic Preservation Commission shall beauthorized to:

(a) Prepare and maintain an inventory of allproperty withinAugusta-Richmond County,Georgia, having the potential for designa-tion as a historic property. This inventorymay be maintained in conjunction withHistoric Augusta, Inc. or an independentorganization with similar purposes;

(b) Recommend to the Commission specificplaces, districts, sites, buildings, struc-tures, objects or works of art to be desig-nated by ordinance as historic propertiesor historic districts;

(c) Review applications for Certificates of Ap-propriateness, and grant or deny same inaccordance with the provisions of thisChapter;

(d) Recommend to the Commission that thedesignation of any place, district, site,building, structure, object or work of artas a historic property or as a historicdistrict be revoked or removed;

(e) Restore or preserve any historic proper-ties owned by Augusta-Richmond County,Georgia as authorized by Commission;

(f) Promote the acquisition of facade ease-ments and conservation easements by theCommission in accordance with the pro-visions of the Facade and ConservationEasements Act of 1976, as amended(O.C.G.A. §§ 44-10-1 through 44-10-5);

(g) Conduct educational programs on historicproperties located within Augusta-Rich-mond County, Georgia and on generalhistoric preservation activities;

(h) Make such investigations and studies ofmatters relating to historic preservation,including consultation with historic pres-ervation experts, as the Commission orthe Historic Preservation Commission it-self may, from time to time, deem neces-sary or appropriate for the purposes ofthis Chapter;

(i) Seek out local, state, federal and privatefunds for historic preservation, and makerecommendations to the Commission con-cerning the most appropriate uses of anyfunds acquired;

(j) Submit to the Historic Preservation Sec-tion of the Department of Natural Re-sources a list of historic properties orhistoric districts designated;

(k) Perform historic preservation activitiesas the official agency of the Augusta-Richmond County historic preservationprogram.

(l) Employ and compensate persons, as au-thorized by Commission, to carry out re-sponsibilities of the Historic PreservationCommission;

(m) Elect from among its members, a memberor members to carry out responsibilities ofthe Commission;

(n) Receive donations, grants, funds or giftsof historic property and acquire and sellhistoric properties on behalf of the Com-mission. In regard to such historic prop-erty, the Commission shall not obligatethe Historic Preservation Commissionwithout prior consent;


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(o) Review the nomination of historic proper-ties or historic districts to the NationalRegister of Historic Places and GeorgiaRegister of Historic Places and make com-ments upon such nominations to the His-toric Preservation Section of the Depart-ment of Natural Resources;

(p) Participate in private, state and federalhistoric preservation programs and withthe consent of the Commission enter intoagreements to do the same;

(q) Advise the appropriate officials of theAugusta-Richmond County Fire Depart-ment as to the utilization of alternativecompliance concepts for historic proper-ties pursuant to O.C.G.A. §§ 8-2-200through 8-2-222 and O.C.G.A. § 25-2-13where these code sections have been madeapplicable to historic properties inAugusta-Richmond County. Said advice will ensurethat compliance with state and local fireprevention laws is accomplished whilemaintaining the highest degree of historicintegrity in affected historic properties;

(r) Issue Citations for violations of this Chap-ter;

(s) Petition the appropriate court to enjoinactions in violation of this Chapter;

(t) Institute any other appropriate action toenforce compliance with the terms of thisChapter;

(u) Exercise all other powers implicit or ex-plicit in any other provision of this Chap-ter.

Sec. 7-4-6. Power to adopt rules and stan-

dards.

The Historic Preservation Commission shalladopt rules and standards for the transaction ofits business, for consideration of applications fordesignations and certificates of Appropriateness,including, By-laws, membership provisions, anddesign guidelines. The Historic Preservation Com-mission shall provide for the time and place ofregular meetings and a method for the calling ofspecial meetings. The Historic Preservation Com-mission shall select such officers as it deems

appropriate from among its members. The Chair-man of the Historic Preservation Commissionshall be entitled to vote upon any issue, motion orresolution, as any other member.(Ord. No. 5971, 10-21-97)

Sec. 7-4-7. Conflict of interest.

At any time the Historic Preservation Commis-sion is to undertake any official action which willaffect a monetary or other vested interest of amember of the Historic Preservation Commission,that member shall reveal the existence of thatinterest to the Historic Preservation Commissionat the next meeting thereof after the memberbecomes aware of the conflict of interest and shallabstain from voting on that matter. The owner-ship of property by a Historic Preservation Com-mission member within a proposed historic dis-trict containing twenty-five (25) or more separately-owned parcels of property shall not be such aninterest as to invoke the prohibitions of thisSection.

At any time the Historic Preservation Commis-sion reviews a project in which a member of theHistoric Preservation Commission has an owner-ship or other vested interest, that member shallbe forbidden, as a Commission member, fromvoting or discussing the project, other than an-swering a direct question.

Sec. 7-4-8. Historic preservation

commission's authority to receive

funding from various sources.

The Historic Preservation Commission shallhave the authority to accept donations and shallinsure that these funds do not displace appropri-ated governmental funds.

Sec. 7-4-9. Records of historic preservation

commission meetings.

A public record shall be kept of the HistoricPreservation Commission's resolutions, proceed-ings and actions. This public record may consist ofan ordinary tape recording or from time to time,at the discretion of the Commission, may besupplemented by the use of a court reporter orsuch other written record as the Commission mayestablish.


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Sec. 7-4-10. Attendance of law enforcement

officer at historic preservation

commission meetings.

An officer of the Richmond County Sheriff'sDepartment shall be in attendance at HistoricPreservation Commission meetings, at the behestof the Commission, in order to assure the order-liness of the proceedings.

Sec. 7-4-11. Duties of comptroller.

TheAugusta-Richmond County comptroller shallprovide the Historic Preservation Commissionwith the necessary tax information to facilitatethe purposes of this Chapter and shall see thatthis information is kept current.

ARTICLE 3 RECOMMENDATION AND

DESIGNATION OF HISTORIC DISTRICTS

AND PROPERTIES

Sec. 7-4-12. Preliminary research by com-

mission.

(a) The Historic Preservation Commission maycompile and collect information and conduct sur-veys of historic resources within Augusta-Rich-mond County.

(b) The Historic Preservation Commission maypresent to the Commission recommendations forthe designation of historic districts and proper-ties.

(c) Prior to the Historic PreservationCommission's recommendation of a historic dis-trict or historic property to the Commission fordesignation, the Historic Preservation Commis-sion shall prepare a report consisting of:

(1) A physical description;

(2) A statement of the historical, cultural,and/or architectural significance of theproposed historic district or historic prop-erty, except that such statement of signif-icance will not be required in the case of ahistoric property or district already listedupon the National Register of HistoricPlaces, or upon the Georgia Register ofHistoric Places;

(3) A map showing the proposed historic dis-trict boundaries and the classification (i.e.contributing/historic, contributing/non-historic, noncontributing) of individualproperties therein, or a map showing theboundaries of the proposed historic prop-erty;

(4) A statement justifying historic district orindividual historic property boundaries,except that such statement in justifica-tion will not be required if such proposedboundaries are the same as those em-braced within the listing of the district orproperty upon the National Register ofHistoric Places or Georgia Register ofHistoric Places; and

(5) Representative photographs.(Ord. No. 5927, 5-19-97)

Sec. 7-4-13. Designation of a historic dis-

trict.

(a) Criteria for selection of historic districts. Ahistoric district is a geographically definable areawhich contains buildings, structures, sites, ob-jects, landscape features and works of art or acombination thereof, which:

(1) Have special character or historic, cul-tural or architectural, value or interest;

(2) Represent one or more periods, styles ortypes of architecture typical of one ormore eras in the history of Augusta-Richmond County or the state or region;

(3) Cause such area, by reason of such fac-tors, to constitute a visibly perceptiblesection of Augusta-Richmond County;

(4) A district, once listed upon the NationalRegister of Historic Places or upon theGeorgia Register of Historic Places shallbe presumed to possess the necessarycharacteristics for designation as a his-toric district under this ordinance.

(b) Boundaries of a historic district. The bound-aries of a historic district shall be included in theseparate ordinances designating such districtsand shall be shown on the official zoning map ofAugusta-Richmond County, Georgia. Said bound-


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aries, as depicted on said map, shall constitutethe official description of said historic districts forthe purposes of this Chapter and for the purposesof the separate ordinances designating such dis-tricts.

In the event that the official zoning map ofAugusta-Richmond County, Georgia does notdepict the area proposed for designation as ahistoric district, the Commission may, in itsdiscretion, identify such other map upon whichto depict the boundaries of the historic district.In this case the map so identified by the Com-mission shall constitute the official descriptionof said historic district for the purposes of thisChapter and for the purposes of the separateordinance designating such district.

(c) Evaluation of properties within historic dis-tricts. Individual properties within historic dis-tricts shall be classified as:

(1) Contributing/historic (contributes to thedistrict in terms of design, historical as-sociation, and/or setting);

(2) Contributing/non-historic (a property lessthan fifty years old which complimentsand does not detract from the overallcharacter of the district in terms of de-sign, historical association, and/or set-ting);

(3) Non-contributing (a property which de-tracts from the district in terms of design,style, building type, historical associa-tion, and/or setting).

(Ord. No. 5927, 5-19-97)

Sec. 7-4-14. Designation of a historic prop-

erty.

(a) Criteria for selection of historic properties.A historic property is a building, structure, site,object or work of art which may include theadjacent area necessary for the proper apprecia-tion or use thereof, deemed worthy of preserva-tion for reason of value to Augusta-RichmondCounty, the State of Georgia, or this Geographicalregion, for one of the following reasons:

(1) It is an outstanding example of a struc-ture representative of its era;

(2) It is one of the few remaining examples ofpast architectural style;

(3) It is a place or structure associated withan event or person of historic or culturalsignificance to Augusta-Richmond County,Georgia, or to the state, region or nation;

(4) It is a site of natural or aesthetic interestthat is continuing to contribute to thecultural or historical development andheritage of Augusta-Richmond County,Georgia, or of the state, region or nation;

(5) A property, once listed upon the NationalRegister of Historic Places or upon theGeorgia Register of Historic Places shallbe presumed to possess the necessarycharacteristics for designation as a his-toric property.

(b) Boundary description. A description of theboundaries shall be included in the separate or-dinances designating such properties and theboundaries shall be depicted on the official ZoningMap of Augusta-Richmond County, Georgia. Saidboundaries, as depicted on said map, shall consti-tute the official description of said historic prop-erty for the purposes of this Chapter and for thepurposes of the separate ordinances designatingsuch properties.

In the event that the official Zoning Map ofAugusta-Richmond County, Georgia does notdepict the area proposed for designation as ahistoric property, the Commission may, in itsdiscretion, identify such other map upon whichto depict the boundaries of the historic prop-erty. In this case the map so identified by theCommission shall constitute the official descrip-tion of said historic property for the purposes ofthis Chapter and for the purposes of the sepa-rate ordinance designating such property.

(Ord. No. 5927, 5-19-97)


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Sec. 7-4-15. Requirements for adopting an

ordinance for the designation of

historic districts and historic

properties.

(a) Application for designation of historic dis-tricts or historic property. Designations may beproposed by the Commission, the Historic Preser-vation Commission or:

(1) For historic districts—A preservation or-ganization, historical society, neighbor-hood association or group of property own-ers may apply to the Commission fordesignation;

(2) For historic properties—A preservationorganization, historical society, neighbor-hood association or property owner mayapply to the Commission for designation.

(b) Required components of an ordinance. Anyordinance designating any property or district ashistoric shall:

(1) Describe the area encompassed withinthe proposed historic district or describethe proposed individual historic property;

(2) Reference the name(s) of the owner(s) ofthe designated property or properties asshown on the official Augusta-RichmondCounty tax records at the time of theadoption of the ordinance. In the eventthat the official tax records, for whateverreason, do not encompass the property orproperties proposed for designation, therecord owner(s) of the property, as deter-mined by a title investigation conductedto appropriate legal standards under Geor-gia law, shall be referenced;

(3) Require compliance with the provisions ofthis Chapter; and

(4) Require that the property or district beshown on the official zoning Map of Au-gusta-Richmond County, Georgia, or suchother official map as identified by theCommission pursuant to section 7-4-13 or7-4-14 hereof.

(c) Required public hearing and notices. TheHistoric Preservation Commission shall hold apublic hearing on any proposed ordinance for the

designation of any historic district or property.Notice of the hearing shall be published in at leastone (1) issue of the official legal organ of Augusta-Richmond County and written notice of the hear-ing shall be mailed by the Commission to allowners and occupants of such properties that areaffected. This notice: (i) shall contain the time andplace for the hearing, (ii) shall reference thisChapter, (iii) shall describe the fact that theestablishment of a historic district or historicproperty pursuant to this Chapter has been pro-posed, and (iv) shall generally describe the areaencompassed by the historic district or historicproperty proposed. All such notices shall be pub-lished or mailed not less than fifteen (15) days normore than forty-five (45) days prior to the date setfor the public hearing. A notice sent via theUnited States mail to the last owner of record ofthe property shown on the official Augusta-Richmond County tax records or record owner ofthe property, and a notice sent via United Statesmail to the address of the property to the atten-tion of the occupant shall constitute legal notifi-cation to the owner and occupant under thisChapter.

(d) Recommendations on proposed designa-tions. A recommendation to adopt, to adopt inmodified form, or to reject the proposed ordinanceshall be made by the Commission within fifteen(15) days following the public hearing and shallbe in the form of a resolution to the Commission.

(e) Commission action on Commission recom-mendation. Following receipt of the Historic Pres-ervation Commission's recommendation, the Com-mission may adopt the ordinance as proposed,reject the ordinance, or, after consultation withthe Commission, may adopt the ordinance withany modifications it deems necessary.

(f) Notification of the State Historic Preserva-tion Section. Prior to making a recommendationon any ordinance designating a property or dis-trict as historic, the Historic Preservation Com-mission may transmit the report required atsection 7-4-12 of this Code to the Historic Preser-vation Section of the Georgia Department of Nat-ural Resources.


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(g) Notification of adoption of ordinance fordesignation. Within thirty (30) days following theadoption of the ordinance for designation by theCommission, the owners and occupants of eachdesignated historic property, and the owners andoccupants of each structure, site or work of artlocated within a designated historic district, andall building contractors licensed in Augusta-Richmond County, shall be given written notifica-tion of such designation by the Commission, whichnotice shall apprise said owners, occupants, andcontractors of the necessity of compliance withthis Chapter and specifically, the necessity ofobtaining a Certificate of Appropriateness prior toundertaking any material change in appearanceof the historic property designated or within thehistoric district designated. A notice sent viaUnited States Mail to the last known owner of theproperty shown on the official Augusta-RichmondCounty tax records and, where different from theaddress of such record tax owner, a notice sent viaUnited states Mail to the address of the propertyto the attention of the occupant shall constitutelegal notification to the owner and occupant un-der this Chapter. Building contractors, licensed inAugusta-Richmond County shall similarly be no-tified as aforesaid, but failure of such buildingcontractor to be sent such notice shall in no wayaffect the validity of an ordinance for designation.

(h) Notification of other agencies regarding des-ignation. The Historic Preservation Commissionshall notify all affected agencies within Augusta-Richmond County of the ordinance for designa-tion, as well as the local neighborhood, historicaland preservation organizations. Failure of suchagencies or organizations to receive such notifica-tion shall in no way affect the validity of suchordinance for designation.

(i) Moratorium on applications for alterationor demolition while ordinance for designation ispending. If the procedure for the designation of anhistoric district or historic property has beeninitiated as provided for in this Section, theCommission shall have the power to recommendto the Building Inspector a moratoria on theissuance of building permits and demolition per-mits involving the property or properties pro-posed for designation.

(j) Authority to rescind designation. The Com-mission has the authority to rescind the ordi-nance designating a historic district or historicproperty following receipt of a recommendationfrom the Commission, provided that a publichearing has been held by the Historic Preserva-tion Commission, prior to the Commission's rec-ommendation, providing the opportunity for pub-lic comment. Notification for such public hearingshall be the same as provided for in section 7-4-15hereof.(Ord. No. 5927, 5-19-97)

ARTICLE 4 APPLICATION TO

PRESERVATION COMMISSION FOR

CERTIFICATE OF APPROPRIATENESS

Sec. 7-4-16. Approval of alterations or new

construction in historic districts

or involving historic properties.

After the designation by ordinance of a historicproperty or of a historic district, no materialchange in the exterior appearance of a structure,site, object or work of art within such historicproperty or property within such historic district,shall be made or be permitted to be made unlessor until the application for a Certificate of Appro-priateness has been submitted to and approvedby the Historic Preservation Commission.

Sec. 7-4-17. Approval of new construction

within designated districts.

The Historic Preservation Commission shallissue Certificates of Appropriateness for new struc-tures constructed within designated historic dis-tricts or upon the grounds of a designated historicproperty if these structures conform in design,scale, building materials, setback and landscap-ing to the character of the historic district orproperty or as specified in the design criteria oncedeveloped or adopted by the Commission.

Sec. 7-4-18. Guidelines and criteria for cer-

tificates of appropriateness.

When considering applications for Certificatesof Appropriateness impacting existing buildings,the Secretary of the Interior's Standards for His-toric Preservation Projects including the Secretary's


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Standards for Rehabilitation, as revised as of thedate of application for a Certificate of Appropri-ateness, shall be used as a criteria for designreview along with any other standards or designreview guidelines once developed or adopted bythe Commission for use in reference to specifichistoric districts or historic properties. When deal-ing with difficult technical questions, the HistoricPreservation Commission shall have the power toseek technical advice from outside its member-ship on any application, within approved budget-ary limitations.

Sec. 7-4-19. Issuance of building and demo-

lition permits.

Building Permits And Demolition Permits mustnot be issued until the issuing official has exam-ined the official Historic District and HistoricProperty Map to see if the property is affected byhistoric designation. If the property is so affected,the issuing authority must direct the applicant tothe Commission to apply for a Certificate ofAppropriateness. The subsequent issuance of aBuilding Permit or Demolition Permit shall becontingent upon the abstention of a Certificate ofAppropriateness for the proposed change.

Sec. 7-4-20. Submission of plans to commis-

sion.

An application for a Certificate of Appropriate-ness shall be accompanied by such drawings,photographs, plans or other documentation asmay be required by the Historic PreservationCommission. Applications involving demolition orpost-relocation shall be accompanied by post-demolition or relocation plans for the site. TheHistoric Preservation Commission shall not re-quire that the plans and specifications be pre-pared by professionals, but only that such docu-mentation be prepared in such a way as to beeasily understood by the Commission members.

Sec. 7-4-21. Acceptable commission reaction

to applications for certificates

of appropriateness.

(a) The Historic Preservation Commission shallapprove the application and issue a Certificate ofAppropriateness if it finds that the proposed

material change(s) in appearance would not havea substantial adverse effect on the historic orarchitectural significance, integrity, and value ofthe historic property or property within a historicdistrict. In making this determination, the His-toric Preservation Commission shall consider thefactors described in sections 7-4-17 and 7-4-18above, the historical and architectural value andsignificance, architectural style, general designarrangement, texture and material of the archi-tectural features involved and the relationshipthereof to the exterior architectural style, andpertinent features of the other structures in theimmediate neighborhood.

(b) The Historic Preservation Commission shalldeny a certificate of Appropriateness if it findsthat the proposed material change(s) in appear-ance would have substantial adverse effects onthe historical or architectural significance, integ-rity and value of the historic property or propertywithin the historic district, based upon thosesame factors as described in section 7-4-21 (a)above.

Sec. 7-4-22. Hearings on applications for cer-

tificates of appropriateness, no-

tices, and right to be heard.

At least fifteen (15) days and no more thanforty-five (45) days prior to the review of a Certif-icate of Appropriateness, the Commission shalltake action as follows to inform interested parties,and shall give the applicant and interested par-ties an opportunity to be heard at the HistoricPreservation Commission meeting where the re-quest for a Certificate of Appropriateness is to beconsidered:

(a) The Historic Preservation Commissionshall cause a sign to be posted upon theparcel of property subject of the applica-tion at least fifteen (15) days before themeeting of the Historic Preservation Com-mission where the application is to beconsidered, said sign to remain in placesubstantially until the time of said meet-ing. Said sign shall state:

(1) The fact that an application for aCertificate of Appropriateness pur-


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suant to the Historic Preservationordinance has been filed for the postedproperty;

(2) The name of the applicant; and

(3) The time and place of the HistoricPreservation Commission meetingwhere the application is to be consid-ered. The sign may contain suchother information as the HistoricPreservation Commission may deemappropriate. The overall design andsize of such sign shall be of suchcharacter as to be likely to attractthe eye of passersby.

(b) At its discretion, the Historic Preserva-tion Commission may, in its bylaws, or ona case by case basis, undertake to providesuch other notice as it deems appropriate.

Sec. 7-4-23. Interior alterations.

In review of applications for Certificates ofAppropriateness, the Historic Preservation Com-mission shall not consider interior arrangement,use or decoration, having no effect on exteriorarchitectural features, whether or not visible fromthe exterior of the structure.

Sec. 7-4-24. Technical advice.

When dealing with difficult technical ques-tions, the Historic Preservation Commission shallhave the power to seek technical advice fromoutside its members on any application and withinapproved budgetary limitations.

Sec. 7-4-25. Deadline for approval or rejec-

tion of application for certifi-

cate of appropriateness.

(a) The Commission shall approve or reject anapplication for a Certificate of Appropriatenesswithin forty-five (45) days after the filing thereofby the owner or occupant of a historic property orstructure, site, object or work of art located withina historic district. Evidence of approval shall beby a Certificate of Appropriateness issued by thecommission. Notice of the issuance or denial of ACertificate of Appropriateness shall be rent viaUnited States Mail to the applicant.

(b) Failure of the Historic Preservation Com-mission to act within said forty-five (45) daysshall constitute approval, and no other evidenceof approval shall be needed.

Sec. 7-4-26. Necessary actions to be taken

by commission upon rejection

of application for certificate of

appropriateness.

(a) In the event the Historic Preservation Com-mission rejects an application for a Certificate ofAppropriateness, it shall state its reasons fordoing so, and shall transmit a record of suchactions and reasons in writing to the applicant.The Historic Preservation Commission may sug-gest alternatives it believes would ensure ap-proval if it disapproves of the application assubmitted. The applicant, if he or she so desires,may make modifications to the plans and, aftermaking such modifications, may re-submit theapplication at any time after doing so. Rejectedapplications, unless modified in a good faith effortto comply with the provisions of this Chapter andthe findings of the Historic Preservation Commis-sion, may not be re-submitted for one (1) yearfollowing rejection.

(b) In cases where the application for a Certif-icate of Appropriateness concerns a proposedchange in a structure which would require theabstention of a building permit, the rejection ofthe application for a Certificate of Appropriate-ness by the Historic Preservation Commissionshall be binding upon the building inspector orother administrative officer charged with issuingbuilding permits and, in such a case, no buildingpermit shall be issued.

Sec. 7-4-27. Undue hardship.

Where, by reason of unusual circumstances,the strict application of any provision of thisChapter would result in exceptional practicaldifficulty or undue economic hardship upon anyowner of a specific property, the Historic Preser-vation Commission, in passing upon applications,shall have the power to vary or modify strictadherence to said provisions, or to interpret themeaning of said provisions, so as to relieve suchdifficulty or hardship; provided such variances,


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modifications or interpretations shall remain inharmony with the general purpose and intent ofsaid provisions so that the architectural or histor-ical integrity, or character of the property, shall beconserved and substantial justice done. In grant-ing variances, the Commission may impose suchreasonable and additional stipulations and condi-tions as will, in its judgment, best fulfill thepurpose of this Chapter. An undue hardship shallnot be a situation of the person's own making.

Sec. 7-4-28. Requirement of conformance

with certificate of appropriate-

ness.

(a) All work performed pursuant to an issuedCertificate of Appropriateness shall conform tothe requirements of such certificate. In the eventwork is performed not in accordance with suchcertificate, such work will constitute a violation ofthis Chapter and the Historic Preservation Com-mission shall issue a cease and desist order andall work shall cease.

(b) Where this ordinance would require theabstention of a Certificate of Appropriateness andwork upon a structure is undertaken without aCertificate of Appropriateness having been ob-tained, such work will constitute a violation ofthis Chapter and the Historic Preservation Com-mission shall issue a cease and desist order andall work shall cease.

(c) Work which constitutes a violation of sec-tion 7-4-28(a) or (b) above or the failure to obey acease and desist order issued pursuant to thisChapter shall constitute a separate and continu-ing violation of this Chapter.

(d) The Commission or the Historic Preserva-tion Commission shall be authorized to instituteany appropriate action or proceeding in any courtof competent jurisdiction to prevent any materialchange in the appearance of a designated historicproperty or property within a historic district, notmade in compliance with the provisions of thisChapter or to prevent any illegal act or conductwith respect to such historic property or historicdistrict.

(e) The Commission, including its various de-partments, authorities, commissions, committeesand boards, shall be bound by the requirements ofthis article.

Sec. 7-4-29. Certificate of appropriateness

void if work not commenced.

A Certificate of Appropriateness shall becomevoid unless work is commenced within six (6)months of the date of issuance. Certificates ofAppropriateness shall be issued for a period ofeighteen (18) months and are renewable.

Sec. 7-4-30. Recording of applications for

certificate of appropriateness.

The Commission shall keep a public record ofall applications for Certificates of Appropriate-ness, and of all the Commission's proceedings inconnection with said applications in the fashionprovided at section 7-4-22 above.

Sec. 7-4-31. Fee to accompany an applica-

tion for a certificate of appropri-

ateness.

The Commission, in its by-laws, may require areasonable fee to accompany an application for aCertificate of Appropriateness.

Sec. 7-4-32. Appeals to the Augusta Commis-

sion; mediation.

(a) Any person affected by any determinationmade by the Historic Preservation Commissionrelative to the issuance or denial of a Certificateof Appropriateness may appeal such determina-tion to the Augusta Commission. Any such appealmust be filed in writing with the Clerk of theAugusta Commission within thirty (30) days afterthe issuance of the determination pursuant tosection 7-4-25(a) of this chapter. The dates in thissubsection are determined from the date of theposting of said notice in the United States Mail.

(b) In the case of a failure of the HistoricPreservation Commission to act within fifteen(15) days of the expiration of the forty-five (45)day period allowed for Historic Preservation Com-mission, said application shall be deemed ap-proved pursuant to § 7-4-25(b) of this Chapter.


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(c) After timely filing of an appeal to the Au-gusta Commission and prior to any assignment ofthe appeal for hearing on any agenda of theAugusta Commission, the appealing party shallsubmit the case to mediation.

(d) The mediator shall be a person chosen bythe agreement of the appealing party and theHistoric Preservation Commission. In the eventthe appealing party and the Historic PreservationCommission cannot agree upon the appointmentof a mediator, the mediator shall be the Directorof Planning & Zoning or his/her designee.

(e) Any fee charged by the mediator for profes-sional mediation services shall be paid by theappealing party prior to the commencement of themediation.

(f) If the mediation is not scheduled and heardwithin ninety (90) days of the filing of the appeal,the decision of the Historic Preservation Commis-sion shall be affirmed without further hearing bythe Augusta Commission.

(g) The Augusta Commission may affirm thedetermination made by the Historic PreservationCommission, or if the Augusta Commission findsthat the Historic Preservation Commission abusedits discretion in reaching its decision, the AugustaCommission may modify or reverse the determi-nation made by the Historic Preservation Com-mission. Appeals from decisions of the AugustaCommission may be taken to the Superior Courtof Richmond County, Georgia in the manner pro-vided by law.(Ord. No. 6707, 7-1-04)

ARTICLE 5 DEMOLITION OR

RELOCATION OF A HISTORIC PROPERTY

OR PROPERTIES WITHIN A HISTORIC

DISTRICT

Sec. 7-4-33. Applications for certificates of

appropriateness for demolition

or relocation.

The Historic Preservation Commission shallhave the authority to approve, approve with con-ditions, or deny Certificates of Appropriatenessfor demolition or relocation. The proposed demo-lition or relocation of all or any portion of a

historic property or property within a historicdistrict shall require the abstention of a Certifi-cate of Appropriateness for demolition or reloca-tion.

Sec. 7-4-34. Public hearing.

A public hearing shall be scheduled for eachapplication for a Certificate of Appropriatenessfor demolition or relocation.

Sec. 7-4-35. Notice of public hearing pursu-

ant to an application for certif-

icate of appropriateness for dem-

olition or relocation.

Notice as provided for at section 7-4-22 aboveshall be provided in the context of an applicationfor a Certificate of Appropriateness for demolitionor relocation, and, in addition, notice of suchpublic hearing containing the information as de-scribed at section 7-4-22 above shall be publishedin at least one (1) issue of the official legal organof Augusta-Richmond County not less than five(5) nor more than thirty (30) days prior to the dateset for the public hearing.

Sec. 7-4-36. Violation.

The demolition or relocation of a historic prop-erty, or property within a historic district withoutthe abstention of a Certificate of Appropriatenessshall constitute a violation of this Chapter of ahigh and aggravated nature.

Sec. 7-4-37. Consideration of post-demoli-

tion or post-relocation plans.

The Historic Preservation Commission shallnot grant Certificates of Appropriateness for dem-olition or relocation without having first reviewedthe post-demolition or post-relocation plans forthe site.

Sec. 7-4-38. Demolition/relocation criteria.

Upon receipt of an application for a Certificateof Appropriateness for demolition or relocation,the Historic Preservation Commission shall applythe criteria described in section 7-4-18 of this


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Chapter to determine whether to grant or denythe application for a Certificate of Appropriate-ness for demolition or relocation.

Sec. 7-4-39. Fee to accompany application

for certificate of appropriate-

ness for demolition or reloca-

tion.

The Historic Preservation Commission, in itsby-laws, may require a reasonable fee to accom-pany an application for a Certificate of Appropri-ateness for demolition or relocation.

Sec. 7-4-40. Binding upon the commission.

The Commission, including its various depart-ments, authorities, commissions, committees andboards shall be bound by the requirements of thisarticle.


ARTICLE 6 MAINTENANCE OF HISTORIC

PROPERTIES AND BUILDING AND

ZONING CODE PROVISIONS

Sec. 7-4-51. Ordinary maintenance or re-

pair.

Ordinary maintenance or repair of any exteriorarchitectural or environmental feature in or on ahistoric property or property within a historicdistrict to correct deterioration, decay or damage,or to sustain the existing form, that does notinvolve a material change in design, materials orouter appearance thereof, does not require a Cer-tificate of Appropriateness, and may be under-taken once approved by the designated staff per-son for the Commission without consultation withthe Historic Preservation Commission. Any per-son considering a change to a historic buildingthat is believed to constitute no more than ordi-nary maintenance or repair must consult thedesignated staff person to assure that in fact suchchange constitutes merely ordinary maintenanceand repair. In the absence of the employment of adesignated staff person, such approvals may bemade by a member or members of the HistoricPreservation Commission duly elected by the mem-bers of the Historic Preservation Commission.

Ordinary maintenance includes exterior paintingand/or a change in exterior paint color, and doesnot require a Certificate of Appropriateness orapproval by the designated staff person.

Sec. 7-4-52. Failure to provide ordinary

maintenance or repair.

Owners of historic properties or of propertieswithin a historic district shall not allow theirbuildings to deteriorate by failing to provide ordi-nary maintenance or repair. The Commissionshall be charged with the following responsibili-ties regarding such deterioration by neglect:

(a) The Historic Preservation Commissionshall have the authority to monitor thecondition of historic properties and prop-erties within a historic district to deter-mine if they are being allowed to deterio-rate by neglect. Such conditions as brokenwindows, doors and openings which allowthe elements and vermin to enter, thedeterioration of exterior architectural fea-tures, or the deterioration of a building'sstructural system shall constitute failureto provide ordinary maintenance or re-pair.

(b) In the event the Historic PreservationCommission determines that there hasbeen a failure to provide ordinary main-tenance or repair, the Historic Preserva-tion Commission will notify the owner ofthe property and set forth the steps nec-essary to comply with the provisions ofthis Section. The owner of such propertywill have thirty (30) days in which tocomply.

(c) In the event conditions in violation of thisSection are not remedied in thirty (30)days after notice pursuant to section 7-4-52(b) above, such will constitute a continu-ing violation of this Chapter and in addi-tion, the Historic Preservation Commis-sion shall have the authority, with theapproval of Commission, to perform suchmaintenance or repair as is necessary toprevent such deterioration. The owner ofthe property shall be liable for the cost ofsuch maintenance and repair performed


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at the direction of the Commission andsuch liability shall constitute a lien uponthe property as provided by law.

Sec. 7-4-53. Affirmation of existing building

and zoning codes.

Nothing in this Chapter shall be construed asto exempt property owners from complying withexisting building and zoning codes of Augusta-Richmond County.


ARTICLE 7 MISCELLANEOUS

PROVISIONS

Sec. 7-4-61. Certified local government pro-

gram.

The Historic Preservation Commission shall atleast annually monitor compliance with all certi-fied Local Government Program requirementsand take or recommend such steps as may benecessary to have Augusta-Richmond County qual-ify and remain qualified as a certified LocalGovernment pursuant to various state or federalgovernment requirements.


In the event that any section, subsection, sen-tence, clause or phrase of this Chapter shall bedeclared or adjudged invalid or unconstitutional,such declaration or adjudication shall in no man-ner affect the other sections, sentences, clauses,or phrases of this Chapter, which shall remain infull force and effect, as if the section, subsection,sentence, clause or phrase so declared or ad-judged invalid or unconstitutional were not orig-inally a part thereof.

Sec. 7-4-63. Amendments.

This Chapter may be amended by the Commis-sion upon recommendation by the Historic Pres-ervation Commission. No amendment shall be-come effective unless such recommendation shallbe made by the Historic Preservation Commis-sion, or until the Historic Preservation Commis-sion has had an opportunity to review the amend-

ment upon the direction of Commission and hasmade a recommendation concerning the proposedamendment.


Editor’s note—Ord. No. 6939, § 13, adopted Jan. 2-2007,

repealed § 7-4-64 in its entirety. Formerly, said section per-

tained to temporary provsion for HPA (historic preservation

area) zones existing under prior law.

ARTICLE 8 DETENTION PONDS

Sec. 7-4-65 Maintenance of detention/reten-

tion ponds.

(a) Maintenance by landowner required. Noowner of any property or parcel of land withinAugusta-Richmond County on which there existsor may be established a detention pond and/or aretention pond, shall permit or allow debris to bedumped or materials to be piled therein, norpermit or allow grass, weeds, vines, underbrushor other growth to grow or accumulate therein, soas to constitute an unclean, unhealthy, unsani-tary, unsightly, dangerous or offensive condition,or so as to render such pond incapable of servingits purpose of detaining water.

(b) Abatement. Whenever the public works de-partment discovers that the provisions of subsec-tion (a) above are being violated, it shall give theowner, his agent or other representative fifteen(15) days written notice by mail, directed to hislast-known address, that the condition must beremedied within 15 days, and that if, after theexpiration of the fifteen-day period, the conditionis not remedied, the public works departmentshall cause the necessary work to be done and taxthe cost of the work against the owner and theproperty in the same manner and under the sameterms as the cost of other public improvements istaxed. The cost shall constitute a lien against theproperty and the delinquent tax collector shallissue a fi.fa., in the name of Augusta-RichmondCounty, acting by and through its Commission-Council, for the cost, and levy the fi.fa. upon theproperty in the same manner as levies under taxfi.fa.s are now executed.


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(c) Violation; penalty. In addition to causingthe condition of the property to be remedied asauthorized in subsection (b), above, in the eventthat the condition is not remedied by the owner atthe expiration of fifteen (15) days, the publicworks department shall make a case against theoffending party and upon trial and conviction, theoffending part shall be punished by a fine in anamount not to exceed one thousand dollars($1,000.00) and/or imprisonment in the Augusta-Richmond County jail for a period not in excess ofsixty (60) days.

(d) Commercial/industrial detention/reten-tion ponds. As of the effective date of this ordi-nance, Augusta-Richmond County shall not ac-cept ownership and maintenance responsibilities,through deed of dedication or otherwise, for anydetention/retention ponds constructed in connec-tion with commercial and/or industrial proper-ties. Said owners shall be responsible for mainte-nance of said ponds in accordance with subsection(a) of this section.

ARTICLE 9. PENALTY PROVISIONS

Sec. 7-4-66. Violation; penalties.

Any person or corporation, whether a principal,agent, employee, or otherwise who violates anyprovision of this Chapter or who violates anycourt order issued pursuant to this Chapter, shallbe guilty of an offense, and upon trial as amisdemeanor and conviction, shall be punishedas provided in section 1-6-1 of this Code. Each dayany violation of any provision of this Chapter orviolation of any court order issued pursuant tothis Chapter persists shall constitute a separateoffense and continuing violation of this Chapter.


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title 7 buildings and construction

Documents