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Where no consent has been given to enter or to inspect any property or place, real or personal, and where the officer does not otherwise have a legal right to enter or inspect the property or place in the city, no entry or inspection shall be made without the procurement of a search warrant from the Fulton County circuit court. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a search warrant shall issue:
(A) Eyewitness account of apparent violation;
(B) Citizen's complaint;
(C) Tenant complaints;
(D) Plain view violations;
(E) Violations apparent from city records;
(F) Property deterioration;
(G) Age of property;
(H) Nature of alleged violation;
(I) Similar properties in the area;
(J) Documented violations of similar properties in the area;
(K) Passage of time since last inspection;
(L) Previous violations on the property;
(M) General reputation of the place;
(N) General reputation of the inmates of the place, and of those resorting thereto.
Cause for issuance of the search warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is reason to believe that a condition of nonconformity exists with respect to a particular property or place in violation of this code. (Ord. 1195, 5-3-1988)
The application for a search warrant shall be made through the office of the city attorney. The police officer or other city officer having actual knowledge of the facts shall sign the verified complaint and shall accompany the city attorney and appear before a judge who may put the applicant under oath and question the applicant. (Ord. 1195, 5-3-1988)
This section 7-1-5 respecting search warrants in enforcement of municipal code enforcement actions shall apply to all violations appearing in this code, to all uniform codes adopted by the city and to other similar codes, and to all other matters imposed upon the city by law, or, to all other matters where enforcement has been delegated to the city. (Ord. 1195, 5-3-1988)
All noxious vegetation and all grasses, annual plants and vegetation other than trees or shrubs which exceed a height or length of eight inches (8"); provided, however, this term shall not include cultivated flowers and gardens. All "weeds" as so defined are prohibited in the city of Canton. (Ord. 1655, 5-2-2000)
Notice to abate a violation of weeds and litter on lots with occupied structures shall be given by personal service, by certified mail which is addressed to the residence or usual place of business of the owner or person in control of the property, or by posting a sign regarding the violation on the premises of the property in violation. Personal service may also be obtained through delivery of the complaint by a city employee or any person authorized by law to make personal service.
The city may give notice to abate a violation by posting a sign in a conspicuous place near the main entrance of a structure. The posted sign shall be at least fourteen inches (14") in height and eight inches (8") in width and at the top thereof in large letters shall state the words, "Notice to Abate". The text of the notice shall contain a reference to the provision of this code violated and may contain such other information respecting the nature of the violation as is deemed advisable. It shall be unlawful for anyone to deface, tamper with or remove the "notice to abate" sign from the property where it is posted unless authorized by the code enforcement officer.
If the notice to abate sent by certified mail is returned to the city by the United States post office because of its inability to make delivery thereof, the city is authorized to cut the weeds or remove the litter.
Upon the failure of the owner or persons in control to comply with a notice to cut weeds or remove litter from lots with occupied structures within five (5) days from the date of the service of the notice to abate by personal service, certified mail or posting, the designated officials shall cut any weeds or remove any litter located thereon. (Ord. 1358, 7-21-1992)
The city shall cause to be published in a newspaper of general circulation within the city limits once a week for two (2) consecutive weeks during the spring and summer months of each year a notice informing all owners and persons in control of any vacant lot or any lot with an unoccupied structure that the growth of weeds and the existence of litter on any such lot is contrary to the ordinances of the city. The notice shall further inform the public that should the weeds ever grow to more than eight inches (8") in height, or should litter accumulate, the city may cut the weeds or remove the litter located thereon without further notice and the owner or person in control shall be liable to the city for its costs. This notice shall be a display advertisement. (Ord. 1358, 7-21-1992)
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