§ 18-122. Official identification of property as blighted.

(a)

In order for any a parcel of real property to be officially designated as blighted and therefore subject to the increased rate of taxation contemplated by this article, the following procedure must completed:

(1)

An initial request shall be made by a public officer or by at least five (5) residents of the city to a public officer charging that a parcel of real property, including any structures or buildings thereon, if any, is being maintained in a blighted condition as set forth in section 18-121 of this article.

(2)

Subsequently, a public officer shall conduct an investigation and/or inspection of the subject property to determine if such property identified meets the criteria for designation as property maintained in a blighted condition as set forth in section 18-121 of this article.

(3)

Upon determination that the subject property is maintained in a blighted condition as defined by this article by the public officer, said public officer shall issue a complaint in rem against said property to be filed in the municipal court. The complaint shall identify the criteria as set forth in section 18-121 of this article that exist on the subject property.

(4)

The public officer shall cause a copy of the summons and complaint to be served upon any person or entity revealed by an examination of the deed records of Ben Hill County, Georgia, in accordance with the title standards of the State Bar of Georgia. The summons shall give notice to any such interested party that a hearing shall be held before the municipal court at a place, date, and time certain. Such hearing shall be held not less than fifteen (15) days nor more than forty-five (45) days after the filing of said complaint. Any such interested party shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing. Service of the summons and complaint shall be completed in accordance with the provisions of O.C.G.A. § 41-2-12, except that posting of the notice on the subject property shall not be required.

(5)

If after such notice and hearing it is determined by the municipal court that the subject property, including any structure of building thereon, is being maintained in a blighted condition as defined by this article, the municipal court shall issue an order to such effect, which shall include factual findings supporting such determination. Any order finding that the subject property is blighted shall include a section setting forth the necessary actions to be completed in order to remove such designation. Said order shall be served upon any interested party that filed an answer to the complaint or appeared at the hearing related thereto.

(6)

Any interested party aggrieved by the determination of the municipal court may petition the Superior Court of Ben Hill County, Georgia, for a writ of certiorari within thirty (30) days of the issuance of the order of the municipal court.

(Ord. No. 18-1514, § 4, 4-9-18)