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Article 16 — Building and Property Maintenance Regulations, Chapter 16-15 — ADDITIONAL PROPERTY MAINTENANCE REQUIREMENTS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗12 sections · full chapter

§ 16-15-1

Definitions

Unless otherwise specifically provided, terms not defined in this chapter shall have their meaning as defined in other chapters and articles of this Unified Land Development Code, or in the absence of such definition, words shall have their common dictionary definitions. The following definitions shall apply in the administration, interpretation, and enforcement of this chapter:

Boarding-up: Erecting, installing, placing, or maintaining boards over the doors, windows, or other openings of any building or structure, or otherwise securing such openings by a means other than the conventional method used in the original construction and design of the building or structure.

Code official: The community and economic development director of the city of Gainesville, or any other official charged with the administration and enforcement of this chapter, including but not limited to the building official or code enforcement officer, or any duly authorized representative of any such official.

Community donation box: A receptacle for receiving donations such as clothes, shoes, household goods and furniture. Small receptacles specifically designed for the donation of books or food are exempt from the regulations of this chapter.

Let for occupancy or let: To permit, provide, or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the sale of land.

Maintenance: The act of keeping property, premises, buildings, structures, equipment, or vegetation in a proper condition so as to prevent their decline, failure, or uncontrolled growth.

Multi-family: For the purposes of this chapter, multi-family is a building, or collection of buildings on the same property, under single ownership that is designed for or occupied exclusively by six or more families with separate household facilities for each family. This term includes attached residential condominiums, row houses and apartments.

Occupant: Any individual living or sleeping in a building or having possession of a space within a building.

Operator: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. A real estate broker or salesperson licensed pursuant to Chapter 40 of Title 43 of the O.C.G.A. is not an operator for the purpose of this chapter unless such broker or salesperson is under contract to provide property management services to the owner of such structure or premises.

Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including but not limited to the guardian, executor, or administrator of the estate of any such person.

Person: An individual, corporation, partnership or any other legally recognized entity.

Premises: A lot, plot or parcel of land, easement or public way, including any structures thereon.

Property: Any unimproved or improved residential or non-residential real property, or portion thereof, situated in the City of Gainesville, including the buildings, structures and improvements located on the real property, regardless of condition.

Registered agent: A person who resides in Hall County, Georgia, or has a brick and mortar business address in Hall County, who is assigned by an owner of a multi-family residential property, as defined in this chapter, to be available seven days a week to accept notices of violation regarding any provision of the Gainesville City Code of Ordinances or Unified Land Development Code, who has the authority and ability to grant access to the building or property by city personnel upon request, and who is registered with the city in accordance with the requirements of this chapter.

Tenant: A person, corporation, partnership, group, or other legally recognized entity, whether or not the legal owner of record, occupying a building or portion thereof.

§ 16-15-2

Responsibility

(a)It is the duty of the owner of every dwelling, building, structure, property or premises within the city to construct and maintain such dwelling, building, structure, property or premises in conformance with applicable codes in force within the city, including but not limited to this Unified Land Development Code and the Code of Ordinances of the City of Gainesville.

(b)Both the occupant and the owner of the premises shall be liable for compliance with the provisions of this chapter and shall be responsible for violations thereof. Any let of property of an owner which purports to transfer responsibility for this provision shall be ineffective in shielding the owner for responsibility under this chapter, and such owner shall remain liable, along with the occupant of the premises.

(c)The owner and occupant of the premises shall maintain structures and property in compliance with the requirements of this chapter.

(d)A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter.

(e)Owners and occupants of property are responsible for keeping in a clean, sanitary and safe condition that part of the property which they occupy and control.

(f)All vacant structures and premises, as well as vacant land, shall be maintained in a clean, safe, secure and sanitary condition as provided in this chapter so as not to cause a blighting problem or adversely affect the public health or safety.

(g)Any property owners or occupants with properties that are not in compliance at the time of the adoption of this chapter shall have no more than 60 days to bring properties into compliance with this chapter.

§ 16-15-3

Transfer of Ownership

It shall be unlawful for the owner of any building, structure, property, or premises who has received a notice of violation of this chapter, or other provision within the Unified Land Development Code or Code of Ordinances of the City of Gainesville to sell, transfer, mortgage, lease or otherwise dispose of such building, structure, property, or premises until said violation has been remedied, or until such owner shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of the notice of violation and fully accepting the responsibility, without condition, for making the corrections or repairs required by the notice of violation.

§ 16-15-4

Registered Agents

(a)Prior to the issuance of a business occupation tax certificate for any multi-family residential property, or during the first 30 calendar days of each year, whichever occurs earlier, the owner and each occupation tax certificate holder for any multi-family residential property must annually designate the name, Hall County address, and 24 hour phone number of a registered agent for the multi-family residential property.

(b)The registered agent must meet all criteria of a registered agent as established by this chapter.

(c)The designation required by this section shall be submitted to the city's business tax and licensing division. Such designation shall be confirmed at the time of each annual designation of the registered agent.

(d)In the event that the holder of an occupational tax certificate or the owner of the property desires to change the name or contact information of the registered agent, the occupational tax certificate holder and/or owner shall supply written notice to the city's business tax and licensing division. No change in registered agent shall be effective until written notice thereof is received by the city's business tax and licensing division.

(e)The registered agent shall give consent to enter multi-family residential property and buildings thereon to a code official upon request.

§ 16-15-5

Defacement of Property

(a)No person shall willfully or wantonly damage, mutilate or deface any interior or exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

(b)It shall be a violation of this chapter for any owner of real property to permit graffiti to remain on a structure located thereon for a continuous period of more than 72 hours. For purposes of this section, the term "graffiti" shall have the same meaning as set forth in O.C.G.A. § 17-15A-2.

§ 16-15-6

Outdoor Furniture

(a)Only furniture which is fabricated with materials appropriate to be maintained outside of a dwelling or structure shall be permitted to be placed on a porch of a dwelling, building, or structure, or placed in any other exterior area of a property.

(b)No furniture (e.g., couches, chairs covered with fabric, recliners, etc.) which is fabricated with materials intended only to be used, kept, or maintained on the interior of a dwelling building, or structure, or which will rot, decompose or degrade in outdoor conditions, shall be kept, stored, or maintained on a porch of a dwelling, building, or structure, or placed in any other exterior area of a property.

§ 16-15-7

Plastic or Impervious Covers

(a)Except for those covers specifically designed for the purpose of covering conventional outdoor equipment, such as a gas grill, patio furniture, lawnmower, etc., it shall be unlawful for any person to erect or utilize any plastic or nylon tarp or other impervious covering, on any porch of a dwelling, building, or structure, or in any exterior area of a property.

(b)The pitching of a camping tent, or a temporary movable structure, shall not violate this section, provided it is erected for no more than 72 consecutive hours on the property.

(c)The covering of firewood with a clear plastic or brown tarp shall not violate this section, provided such firewood is stored in a side or rear yard of the property.

§ 16-15-8

Vacant Structures

Vacant structures shall be maintained in good repair and comply with all applicable laws, codes, and ordinances. Any vacant structure shall, at a minimum:

(a)Have all doors, windows, and other openings weather-tight and secured against entry by the general public as well as animals and pests. The vacant structures shall be secured using the conventional methods used in the original construction.

(b)All roof and roof flashings shall be sound and tight such that no rain will penetrate the structure and must allow for appropriate drainage to prevent deterioration of the interior walls or other interior portions of the structure.

(c)The structure must be maintained in good repair and must be structurally sound and free from rubbish, garbage and other debris.

(d)Supporting parts of the structure shall be capable of bearing all loads making up the parts of and contents of the structure, and the foundation walls likewise shall be capable of supporting such loads.

(e)The exterior of the structure shall be free of loose or rotten materials, as well as holes.

Any exposed metal, wood or other surface shall be protected from the elements by appropriate weather coating materials such as paint or similar treatment.

(f)All balconies, canopies, signs, metal awnings, stairways, fire escapes or other overhanging extensions shall be in good repair and appropriately anchored. The exposed metal and wood surface of such overhanging extensions shall also be protected from the elements against rust or decay by appropriate application of paint or similar weather coating.

(g)Any accessories or appurtenant structures, including but not limited to garages, sheds or other storage facilities shall meet the standards set forth in this section.

(h)Retaining walls, drainage systems, or other structures must be maintained in good repair and be structurally sound. Any existing fence shall be maintained in good repair and be structurally sound.

§ 16-15-9

Boarding-up Structures

(a)Boarding-up permit. No person shall erect, install, place, or maintain boards over the doors, windows or other opening of any building or structure or otherwise secure such opening by a means other than the conventional method used in the original construction and design of the building or structure without first obtaining a boarding-up permit in accordance with this section.

(b)Permit application requirements. The Department of Community and Economic Development may issue a boarding-up permit only upon satisfaction of the following conditions:

(1)Submission of a written application including such information as specified by the department on a boarding-up permit application made available to the public;

and

(2)Submission of a written statement specifying the length of time the owner expects the boarding-up to take place or continue, a plan to secure or board up the structure including manner and materials, and a proposed maintenance plan for monitoring and maintenance of the structure and premises in conformance with this chapter. The Department of Community and Economic Development may conduct an inspection of the subject property at any time to ensure that the structure is boarded up in accordance with the plan approved by the department.

(c)Duration of permit and renewal. A boarding-up permit issued pursuant to this section shall authorize the boarding-up or other securing of a building or structure for a period of no longer than 6 months. An owner of a property desiring to continue to board-up property beyond 6 months must submit a renewal application to renew the boarding-up permit and continue to meet the requirements for the issuance of a renewal boarding-up permit. Only one 6-month renewal permit will be issued for each property. Application for a renewal boarding-up permit must be made within 30 days of the expiration of the original permit.

(d)Temporary emergency. No boarding-up permit shall be required to board-up a building for up to 30 days in the event of a temporary emergency situation, including but not limited to damage caused by vandalism, theft, fire, or weather. In the event an emergency situation requires a building or structure to be boarded-up for more than 30 days, the owner of the building or structure or the owner's authorized representative must obtain a valid building permit for repair or a valid boarding-up permit in accordance with this section.

(e)Boarding specifications. The boarding of doors, windows, or other openings of any building or structure or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall be according to the specifications approved under the boarding-up permit. All boarded openings shall be painted with a minimum of two coats of exterior paint, which shall be of a color compatible with the exterior color of the building or structure.

(f)Any structure which is boarded-up shall be posted with the name, permit information, and 24-hour contact phone number of the owner of the property.

§ 16-15-10

Burned Structures

(a)Whenever any building or structure is partially burned, or burned to such an extent that it is rendered incapable of being repaired, the owner shall, within 60 days after completion of the scene investigation by the fire department and/or insurer of the property, remove from the premises all refuse, debris, and all charred and partially burned lumber and materials.

(b)If such building or structure is burned to such an extent that it is incapable of being repaired, the remaining portion of the building or structure shall be removed from the property within 60 days after completion of the scene investigation by the fire department and/or insurer of the property.

(c)If the building or structure is to be repaired, a permit shall be obtained and work shall begin within 60 days after completion of the scene investigation by the fire department and/or insurer of the property and shall be completed within 180 days from the date a permit is obtained.

§ 16-15-11

Community Donation Boxes

(a)It shall be unlawful to erect or maintain community donation boxes in an exterior property area, unless approved by the Director of Community and Economic Development in compliance with one of the following criteria:

(1)It is located in a Light Industrial (L-I) or Heavy Industrial (H-I) zoning district; or

(2)It is located on the same property as a business or organization with a 501(c)(3)

designation.

(b)Where approved, community donation boxes shall be located flush against a building wall and shall be maintained on a regular basis in compliance with the Unified Land Development Code and Code of Ordinances of the City of Gainesville.

§ 16-15-12

Inoperable Accessory Items

Inoperable accessory items such as telephone booths, satellite dishes, electrical wires, lighting, poles, magazine stands, coolers, heating/cooling equipment or other similar items are not permitted and shall be removed and appropriately stored so as not to be visible from the right-of-way or adjacent property.