Over a period of twelve years the property owner repeated violated the County’s property maintenance code by allowing garbage and derelict vehicles to accumulate on his residential property. On four occasions, after being cited by the County, the property owner temporarily brought the property into minimal compliance. In October 2007 and again in January 2008, the owner was notified that he was in violation again, and that this last time, he was also in violation of several health code violations. In February 2008, the County petitioned the Superior Court for an interlocutory injunction requiring that the violations be remedied and a permanent injunction enjoining future violations. Both were granted and the owner appealed the granting of the permanent injunction.
The Appeals court found that the use of an injunction does not improperly enjoin prosecution of criminal offenses, but that it rather provides the county an additional avenue to enforce its ordinances. Where, as here, there was ample evidence that over the years the property owner repeatedly and consistently failed to maintain his land despite ordinance citations and court orders, and where the owner removed and hid junk vehicles elsewhere when the inspector came to determined whether the trash filled vehicles were operable and then returned them to the property when the inspector left, criminal prosecutions would not adequately protect the county. Therefore, the use of the permanent injunction was appropriate.
Jacobs v. Chatham County, 2008 WL 5076335 (Ga. App. 12/3/2008).
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