Brookhaven, GA Property Maintenance: Property Blight (2026)

Sec. 16-203 of the Brookhaven Code, part of the Brookhaven Derelict Property Ordinance in Article IX, declares a public nuisance every dwelling, building or structure that (i) is constructed or maintained in violation of applicable codes; (ii) is unfit for human habitation or commercial, industrial or business use due to inadequate ventilation, light, air, sanitation or open spaces; (iii) poses an imminent harm to life or other property; (iv) is vacant and used in drug crimes; (v) is repeatedly used for illegal activity after written notice to the owner; (vi) is abandoned; or (vii) endangers public health or safety through unsanitary or unsafe conditions. A property that is only esthetically substandard or deteriorating does not qualify unless its condition or use results in impaired health, safety, transmission of disease, infant mortality, or crime.

The process runs through Sec. 16-205. A request from a public authority or from at least five residents lets the public officer, who is the city manager or a delegate such as a code enforcement officer, inspect and document defects. If the property is unfit, the officer files a complaint in rem in municipal court against the parcel. The hearing is held not less than 15 days nor more than 45 days after filing, and under Sec. 16-206 the complaint is posted on the property within three business days of filing and at least 14 days before the hearing.

If the court finds the structure unfit, it orders repair when that can be done at reasonable cost in relation to present value, and otherwise orders demolition and removal. Land value is excluded from that comparison, and a graffiti-only condition can only be cleaned, never demolished. If the owner ignores the order, the public officer must cause the work within 270 days of the expiration of the time specified, and posts a placard stating that use or occupation of the building is prohibited and unlawful. Demolition and related costs become a lien collected by the DeKalb County tax commissioner, and review is by writ of certiorari to the superior court.

Article X adds a tax lever for blighted property meeting two or more listed conditions: Sec. 16-303 applies a factor of seven (7.0) to the millage rate, but not to a dwelling occupied as a primary residence.