Chapter 38 ENVIRONMENT
Plain English: what this part covers
This is the chapter for overgrown lots, junk cars, run-down houses and condemned buildings. It sets minimum standards for homes and rentals, like working plumbing, heat and hot water, and lays out how the city can take an owner to court, clean up or tear down a property, and put a lien on it. It also covers erosion control for land clearing and construction, protection zones around the city's water wells, and outdoor watering days.
- Weeds or grass: 18-inch maximum height within 150 feet of any building (Sec. 38-38(c))
- Each day a property maintenance violation continues is a separate offense (Sec. 38-36)
- Request from at least 5 residents can trigger an unfit-property investigation (Sec. 38-62(c))
- Unfit-property court hearing: 15 to 45 days after the complaint is filed (Sec. 38-62(c)); complaint mailed and posted at least 14 days before (Sec. 38-64)
- City abatement must start within 270 days after the owner's deadline passes (Sec. 38-62(e))
- Placarded building may not be occupied after 60 days unless fixed (Sec. 38-60(b))
Cross reference— Animals, ch. 14; buildings and building regulations, ch. 18; floods, ch. 46; health and sanitation, ch. 50; historical preservation, ch. 54; planning, ch. 66; solid waste, ch. 70; streets, sidewalks and other public places, ch. 74; utilities, ch. 86; zoning, app. A.
State Law reference— The Georgia Air Quality Act, § 12-9-1 et seq.; authority to provide by for removal and disposal of junked vehicles, O.C.G.A. § 36-60-4; ordinances relating to repair, closing and demolition of dwellings unfit for human habitation or buildings or structures that imperil health, safety or morals, O.C.G.A. § 36-61-11; abandoned motor vehicles, O.C.G.A. § 40-11-1 et seq.; limits on sound volume produced by radio, tape player or other mechanical sound-making device or instrument from within motor vehicle, O.C.G.A. § 40-6-14; when police officers may remove vehicles, O.C.G.A. § 40-6-206; sale of muffler which causes excessive noise prohibited, O.C.G.A. § 40-8-71(c); , O.C.G.A. § 41-1-1 et seq.; jurisdiction of or magistrate court to nuisance, O.C.G.A. § 41-2-5; authority to demolish structures where drug crimes are committed, O.C.G.A. § 41-2-7; authority to repair, close or demolish unfit buildings or structures, O.C.G.A. § 41-2-7; county or municipal ordinances relating to unfit buildings or structures, O.C.G.A. § 41-2-9 et seq.; removal of improperly parked cars or trespassing personal property, O.C.G.A. § 44-1-13; authority to control air quality, Ga. Const. art. IX, § II, ¶ III(a)(13).
What's in here
Questions folks ask
How tall can my grass or weeds get before it's a code violation?
Owners and occupants can't let weeds or grass within 150 feet of any building grow taller than 18 inches. Any property also has to be kept free of weeds and underbrush that create a health menace, fire hazard or unsafe condition.
My neighbor's lot is overgrown and full of junk. How do I get the city to act?
Report it to the city. When the department gets a report, it inspects, and if there's a violation it serves a written notice listing what must be fixed and by when. A formal court case against the property can be started at the request of a public official or at least five residents. That leads to a municipal court hearing 15 to 45 days after filing.
Can I keep a junk car in my yard?
Not out in the open. You can't openly store an abandoned motor vehicle on your property. The code counts a vehicle as abandoned if it can't move under its own power or has no valid current tag. The same goes for old appliances, building materials and similar junk.
If an owner won't clean up or fix a property, can the city do it and charge them?
Yes, after a court order. If the owner doesn't comply with the municipal court's order, the city can repair, close, demolish or clean up the property, starting within 270 days. The cost becomes a lien on the property that is collected like property taxes. The same process is available for weeds, junk and abandoned cars.
What does my landlord have to provide for heat and hot water?
Every dwelling must have hot water of at least 120 degrees at the sinks and tub or shower, and heat that can keep habitable rooms and bathrooms at 70 degrees, measured 3 feet off the floor, in ordinary winter weather. It also needs a working toilet, sink, and tub or shower.
Who has to pay for pest control in a rental, me or the landlord?
Generally the occupant. But if the infestation happens because the owner didn't keep the building reasonably rat-proof and insect-proof, extermination is the owner's responsibility. Owners of buildings with two or more units must keep the shared areas clean.
What does a 'dangerous and unfit' placard on a house mean?
It means the city has declared the building unfit to live in. Nobody can occupy it, and the owner can't allow anyone to, once it becomes vacant or within 60 days of posting, unless the problem is fixed. It's illegal to remove or deface the placard.
What days can I water my lawn?
The city code's schedule says odd-numbered addresses may water outdoors on Tuesday, Thursday and Sunday, and even-numbered addresses (or no house number) on Monday, Wednesday and Saturday. Food gardens are exempt. Note: state watering rules have changed since this was written in 2004, so check with the city for what is currently enforced.
Do I need a permit to clear or grade land?
For bigger jobs, yes. Land disturbance generally needs a permit from the city's zoning administrator, with an erosion control plan. Exemptions include home gardens and landscaping, and projects under one acre, unless they're part of a larger development or within 200 feet of the bank of state waters. A 25-foot natural buffer must be left along the banks of state waters.
A house on my street has loud, rowdy parties all the time. Is there a rule?
Yes. Once police have given oral notice that the noise is causing complaints, and the owner or occupant has had a chance to break up the gathering, it's an offense to let boisterous, drunken or riotous people keep gathering there. Keeping a 'disorderly house' that encourages drinking, gambling or drug activity is also an offense, after written notice from the police chief.
This is a plain-English guide, not legal advice. The official code is on Municode and at City Hall. Our copy is from April 30, 2026.
Online: https://jamesburgessleads.com/city-code/PTIICOOR_CH38EN
Official version: https://library.municode.com/GA/Ashburn/codes/Code_of_Ordinances?nodeId=PTIICOOR_CH38EN
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