The Georgia Court of Appeals recently affirmed the right of municipalities to obtain a permanent injunction enjoining code violations. The Court held that a permanent injunction requiring a homeowner to remove trash and inoperable vehicles from his property and enjoining him from violating property maintenance and health codes in the future did not serve to improperly enjoin prosecution of criminal offenses, but instead merely gave the municipality an additional avenue to enforce its ordinances against the homeowner. The Court also rejected the argument that an injunction is impermissible to enjoin code violations because the municipality has an adequate remedy at law through criminal prosecutions where the facts show a repeated and consistent code violations.
Keep reading for GZB’s summary of Jacobs v. Chatham County, Georgia, No. A09A0128, decided December 2, 2008.