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A nuisance complaint can lead to a property lien—but a judge comes first

Chattahoochee Hills’ June 2025 ordinance requires notice, a hearing and an opportunity to comply before city cleanup costs reach the defendant.

A nuisance complaint in Chattahoochee Hills can ultimately lead to city cleanup costs and a lien on the defendant’s property. But under Ordinance 25-06-285, adopted June 3, 2025, that follows a municipal court hearing, a judge’s removal order and failure or refusal to comply—not simply someone’s complaint.⁠[1]

The Georgia city’s ordinance defines nuisance broadly: something tending to cause “the immediate annoyance of the citizens in general,” something manifestly injurious to public health, safety or welfare, or something tending to greatly harm those interests.⁠[1]

The starting point for someone seeking relief is a written petition filed with the court clerk. It must describe the alleged nuisance, identify its location and name the person maintaining it, and ask that it be abated. The clerk then issues an order requiring that person to appear in municipal court and explain why the alleged nuisance should not be removed.⁠[1]

Notice matters: the petition and court order must be served on the person named, either personally or through a competent person at the defendant’s residence. The clerk can also initiate the process without a petition at the city manager’s direction, but service is still required. The municipal judge then hears evidence about the alleged nuisance.⁠[1]

If the judge finds a nuisance and orders its removal, the person responsible must address it within the time the judge sets. Failure or refusal to obey can be punished as contempt of court.⁠[1]

That noncompliance also triggers the city-cleanup provision: the city manager or a designated representative must abate the nuisance and report the costs to the clerk. The ordinance directs collection of those expenses against the defendant and a lien on the defendant’s property, referring to Section 18-95 for the lien procedure.⁠[1]

Sources

1 official source cited in this report. The bracketed numbers in the text link here.

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