Peoria, IL asked in Gov & Administrative Law and Real Estate Law for Georgia

Q: Can a county code enforcer enter property without permission in Georgia?

Can a county code enforcer come onto my property without permission? They recently came, took pictures, and gave no prior communication of their visit. This is the first time I've had such an incident with the county, and I believe it might have been prompted by a neighbor's complaint for some reason.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Georgia, a county code enforcer typically has the right to enter your property if they have reason to believe there is a code violation or if they are investigating a complaint. However, they are generally required to provide prior notice before entering unless there is an urgent situation, such as immediate health or safety risks. If they came onto your property without informing you in advance, it might be a violation of your rights unless the visit was triggered by a valid complaint or legal concern.

If the enforcer was prompted by a complaint from a neighbor, they might have been following up on that complaint. Code enforcement officers are allowed to inspect properties to ensure compliance with local ordinances, but they should not be taking pictures or entering your property without following proper procedures unless it falls under certain exceptions like emergency situations.

You could consider reaching out to the code enforcement office to inquire about their visit and whether they had the legal grounds to enter your property. If you're uncomfortable with the situation or feel your rights were violated, you may want to consult with a local attorney to better understand your options and ensure that future inspections follow the correct protocols.

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