Newspaper Page Text
www.championnewspaper.com
The Champion Legal Sec
ion, Thursday, October 2, 2014
Page 15C
relates are dated August 2, 2011 and
recorded in the Office of the Clerk of
the Superior Court of DeKalb County,
Georgia in Deed Book 22646 Page
356.
The property may be redeemed on
or before the time and date stated
above by payment of the redemp
tion price as fixed and provided by
law to the undersigned at the fol
lowing address:
Property Redevelopment, LLC c/o
Carolina Dallal Bryant, Esq.
Ayoub & Mansour, LLC
675 Seminole Avenue, Suite 301
Atlanta, Georgia 30307
404.892.2599
Please be governed accordingly.
350-363371 9/25,10/2,10/9,10/16WG
NOTICE OF SERVICE
BY PUBLICATION
PETITIONER: MAXWELL ENDOW
MENT FUND, LLC
RESPONDENTS: STATE OF GEOR-
GIA;DEKALB COUNTY, GEORGIA;
RESIDENT/TENANT/OCCUPANT;
SADIAT LAWAL; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.;STATE BANK AND
TRUST COMPANY; RWLS, III, LLC;
FIRST NATIONAL BANK OF ARI
ZONA; MICHAEL FOSTER; MAES
TRO INVESTMENTS, LLC;
ALL PERSONS HAVING OF RE
CORD IN DEKALB COUNTY,
GEORGIA ANY RIGHT, TITLE, IN
TEREST OR LIEN UPON THE SUB
JECT PROPERTY: 3120 SAN JUAN
DR. DECATUR, GA. 30032. ++CIVIL
ACTION FILE NO. 14CV8129-1++;
DATE PETITION FILED: AUGUST
20,2014; DATE OF ORDER FOR
SERVICE BY PUBLICATION:
SEPTEMBER 5, 2014; RE: PETI
TION TO QUIET TITLE, SUBJECT
PROPERTY: 3102 SAN JUAN DR.,
DECATUR, GA. 30032. TO RE-
SPONDENTS:
RESIDENT/TENANT/OCCUPANT;M
ORTGAGE ELECTRONIC REGIS
TRATION SYSTEMS, INC.;SADIAT
LAWAL; RWLS,III, LLC;MICHAEL
FOSTER; FIRST NATIONAL BANK
OF ARIZONA;MAESTRO INVEST
MENTS, LLC; AND ALL PERSONS
HAVING OF RECORD IN DEKALB
COUNTY, GEORGIA, ANY RIGHT,
TITLE, INTEREST OR LIEN UPON
THE SUBJECT PROPERTY; 3102
SAN JUAN DR., DECATUR, GA.
30032, TAKE NOTICE THAT: Peti
tioner has Caused to be filed in the
Superior Court of Dekalb County,
Georgia, a Petition to Quiet Title in
conjunction with
The above referenced property, un
der the provisions Of OCGA 23-3-40
and OCGA 23-3-44, et. Seq. Petition
er Is seeking an Order removing all
clouds from Petitioner’s Title and
vesting in Petitioner fee simple title to
the Subject property. For the specif
ics of such pleas for Relief the parties
Respondent must refer to the origin
al Petition and all other pleadings
filed with the Court.
The Respondents are hereby no
ticed to be and appear at the Court
within sixty days of the Date of the
Order for Service By Publication.
The Respondents are to file any re
sponse or answer With the Clerk of
Superior Court of Dekalb County At
the following address: Dekalb County
Courthouse, 556 N.McDonough St.,
Decatur, GA. 30030 with a copy Of
such response or answer to be sent
to the attorney
For the Petitioner whose name and
address is: M.McNeill Holloway, III,
Attorney at Law, 2413 Kennesaw
Due West Rd., Kennesaw, GA.
30152, Witness the Hon.Courtney L.
Johnson, Judge Dekalb Superior
Court, By: Debra DeBerry, Clerk,
Dekalb Superior Court.
M.McNeill Holloway, III
Attorney at Law
2413 Kennesaw Due West Rd.
Kennesaw, GA. 30152
(770) 420-6387
++14CV8129-1/3102 SAN JUAN
DR., DECATUR, GA. 30032++
350-363372 9/25,10/2,10/9,10/16WG
NOTICE OF SERVICE
BY PUBLICATION
PETITIONER: MAXWELL ENDOW
MENT FUND, LLC
RESPONDENTS: STATE OF GEOR-
GIA;DEKALB COUNTY, GEORGIA;
RESIDENT/TENANT/OCCUPANT;
ALEX C. MILLS; FEDERAL NATION
AL MORTGAGE ASSOCIATION BY
AND THROUGH ITS COURT AP
POINTED CONSERVATOR, FEDER
AL HOUSING FINANCE AGENCY;
HOME SOLUTIONS PARTNERS, III,
LP; AND ALL PERSONS HAVING
OF RECORD IN DEKALB COUNTY,
GEORGIA ANY RIGHT, TITLE, IN
TEREST
OR LIEN UPON THE SUBJECT
PROPERTY: 1826 DONNALEE
AVE., SE, ATLANTA, DEKALB
COUNTY, GEORGIA, CIVIL AC
TION FILE NO: 14CV8152-8; DATE
PETITION FILED: AUGUST 20,
2014; DATE OF ORDER FOR SER
VICE BY PUBLICATION: SEPTEM
BER 8, 2014; RE: PETITION
TOQUIET TITLE, SUBJECT PROP
ERTY: 1826 DONNALEE AVE., SE,
ATLANTA, DEKALB COUNTY, GA;
TO RESPONDENTS:
RESIDENT/TERNANT/OCCUPANT;
ALEX C. MILLS; FEDERAL NATION
AL MORTGAGE ASSOCIATION BY
AND THROUGH ITS COURT AP
POINTED CONSERVATOR, FEDER-
AL HOUSING FINANCE
AGENCY;HOME SOLUTIONS
PARTNERS, III, LP; AND ALL PER
SONS HAVING OF RECORD IN
DEKALB COUNTY, GEORGIA ANY
RIGHT, TITLE, INTEREST OR LIEN
UPON THE SUBJECT PROPERTY:
1826 DONNALEE AVE., SE, AT
LANTA, DEKALB COUNTY, GEOR
GIA, TAKE NOTICE THAT: Petition
er has caused to be filed in the Su
perior Court Of Dekalb County, Geor
gia a Petition to Quiet Title in Con
junction with the above referenced
property, under The provisions of
OCGA 23-3-40 and OCGA 23-3-44,
et. Seq. Petitioner is seeking an Or
der removing all clouds from Petition
er’s title and vesting in Petitioner fee
simple title To the subject property.
For the specifics of such pleas for
Relief the parties Respondent must
refer to the original Petition filed with
the Court. The Respondents are
hereby Noticed to be and appear at
the Court within Sixty days of the
Date of the Order for Service by Pub
lication. The Respondents Are to file
any response or answer with the
Clerk of Superior Court of Dekalb
County at the following address:
Dekalb
County Courthouse, 556 N.Mc
Donough St., Decatur, GA. 30030
With a copy of such response or an
swer to be sent to the Attorney for the
Petitioner whose name and address
is: M.McNeill Holloway, III, Attorney
at Law, 2413 Kennesaw Due West
Rd., Kennsaw, GA. 30152, Witness
the Hon. Linda Warren Hunter,
Judge, Dekalb Superior Court, By:
Debra DeBerry, Clerk, Dekalb Superi
or Court.
M.McNeill Holloway, III
Attorney at Law
2413 Kennesaw Due West Rd.
Kennesaw, GA. 30152
(770) 420-6387
++1826 DONNALEE AVE., SE/
14CV8152-8++
350-363406 9/25,10/2WG
IN THE SUPERIOR COURT
OF DEKALB COUNTY
STATE OF GEORGIA
CIVIL ACTION:
FILE No. ++14CV8146-9++
YB MARONA, LLC
Petitioner
v.
A TRACT OF LAND, BEING KNOWN
AS
1560 MARONA STREET N.E.,
DEKALB COUNTY, GEORGIA
BEING TAX PARCEL NUMBER
15 210 03 195
AND As The Respective Interests
May Be Or Appear: TENANT, OWN
ER OR
OCCUPANT OF PROPERTY;
ROBERT D.
MCINTYRE; GEORGIA HOUSING
AND
FINANCE AUTHORITY; KHATRA
MOHAMMED; CITY OF ATLANTA,
MAYOR
KASIM REED; UNKNOWN PARTIES
WITH
ANY INTEREST IN THE SUBJECT
PROPERTY;
Respondents
NOTICE OF PUBLICATION
TO:
a. Unknown Parties with any Interest
in the Subject Property;
b. Robert D. McIntyre.
You are hereby notified that the
above styled action seeking to quiet
title to property located at 1560 Ma-
rona Street NE, Dekalb County,
Georgia was filed against you in the
Superior Court of Dekalb County on
August 18, 2014 and that by reason
of an Order for Service of Summons
by Publication entered by the Court
on the 12th day of September 2014,
you are hereby commanded and re
quired to file with the Clerk of said
Court and serve upon John Ayoub or
Carolina Dallal Bryant, Attorney at
Law, whose address is 675 Semin
ole Ave., Suite 301, Atlanta, GA
30307 an Answer to the Complaint
within sixty (60) days of the Order for
Publication.
WITNESS, the Honorable Mark An
thony Scott, Judge of said Court.
This the 12th day of September,
2014.
Clerk of Superior Court
++14CV8146-9 1560 MARONA
STREET++
350-363407 9/25,10/2WG
NOTICE OF FORECLOSURE
OF RIGHT TO REDEEM
[REF. O.C.G.A., Section 48-4-5
et seq.; 48-4-45 & 48-4-46]
TO:
DENISE LORENZ
CHRIS VIRUET
JEFFREY L. MANN, in his Official
Capacity as SHERIFF OF DEKALB
COUNTY
OCCUPANT OF 2942 BELVEDERE
LANE AND ALL PERSONS KNOWN
AND UNKNOWN HAVING OF RE
CORD IN DEKALB COUNTY ANY
RIGHT, TITLE INTEREST IN, OR LI
EN UPON 2942 BELVEDERE LANE
RE: FORECLOSURE OF EQUITY
OF REDEMPTION FOR TAX SALE
DEED (REF. O.C.G.A. § 48-4-45, 46)
Take notice that:
The right to redeem the following
described property, to wit will ex
pire and be forever foreclosed and
barred as of five o’clock (5 p.m.)
on and after October 31, 2014 or
within 30 days after legal service
of the Notice pursuant to OCGA
48-4-45 et seq., whichever date is
later:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 200, 15TH DISTRICT, DEKALB
COUNTY, GEORGIA BEING LOT 9,
BLOCK A, BELVEDERE PARK, AS
PER PLAT RECORDED IN PLAT
BOOK 20, PAGE 76, DEKALB
COUNTY, GEORGIA RECORDS,
SAID PLAT BEING INCORPOR
ATED HEREIN BY REFERENCE
AND MADE A PART OF THE DE
SCRIPTION THEREOF.
That property known as ++2942
BELVEDERE LANE++ according to
the present system of numbering
homes and having tax parcel identi
fication number 15 200 02 020.
The tax deed to which this notice
relates are dated August 2, 2011 and
recorded in the Office of the Clerk of
the Superior Court of DeKalb County,
Georgia in Deed Book 22640 Page
392.
The property may be redeemed on
or before the time and date stated
above by payment of the redemp
tion price as fixed and provided by
law to the undersigned at the fol
lowing address:
Property Redevelopment, LLC c/o
Carolina Dallal Bryant, Esq.
Ayoub & Mansour, LLC
675 Seminole Avenue, Suite 301
Atlanta, Georgia 30307
404.892.2599
Please be governed accordingly.
350-363410 9/25,10/2WG
IN THE SUPERIOR COURT
OF DEKALB COUNTY
STATE OF GEORGIA
CASE FILE NO. 14-CV-7360-2
6331 Windy Ridge Way
Lithonia, GA 30058
Parcel Id. Number: 16-099-01-133
DEKALB COUNTY, GEORGIA,
Petitioner,
vs.
All that tract or parcel of land lying
and being in Land Lot 99 of the 16th
District of DeKalb County, GA, being
Lot 62 of Windy Ridge Estates, Unit
One, as per Plat recorded in Plat
Book 156, pages 99-104, DeKalb
County Georgia Records, to which
reference is hereby made for the pur
pose of incorporating the same
herein; vesting deed recorded at
Deed Book 21694, page 102; Phyllis
Jewell; Deutshe Bank National Trust
Company as Indenture Trustee for
American Home Mortgage Assets
Trust; DeKalb County Recorder’s
Court;
DeKalb County Tax Commissioner;
ALL OTHER PARTIES UNKNOWN
WHO CLAIM OR MIGHT CLAIM ANY
INTEREST IN THE DESCRIBED
PARCEL OF REAL PROPERTY
Respondents.
ORDER FOR RULE NISI
The within and foregoing COM
PLAINT IN REM FOR NUISANCE
ABATEMENT having been read and
considered, the same is ordered filed;
Let the owners and parties-in-in-
terest herein, as that term is defined
by DeKalb County Code § 18-5, et,
seq., be and appear before the Hon
orable Asha Jackson, Division 2,
Judge of Superior Court of said State
and DeKalb County on the 15th day
of October, 2014, at 9:30, DeKalb
County Courthouse, Superior Court
of DeKalb County, 556 North Mc
Donough Street, Decatur, GA 30030,
Courtroom 6C, Decatur, GA 30030,
then and there to show cause why
the prayers of the Plaintiff should not
be granted.
SO ORDERED, this 11th day of
September, 2014.
Honorable Judge Asha Jackson
Superior Court of DeKalb County
++14-CV-7360-2 6331 Windy Ridge
Way Lithonia, GA 30058 Parcel Id.
Number: 16-099-01-133++
350-363414 9/25,10/2,10/9,10/16WG
NOTICE OF PUBLICATION
In the Superior Court
of DeKalb County
State of Georgia
Civil Action#
++14CV8709-10++
Ashley Thompson
Plaintiff
vs.
Christopher Pittman
Defendant
To: Christopher Pittman
By Order of the Court service for
service by publication dated Septem
ber 15, 2014 You are hereby notified
that on September 8, 2014 The
above-named Plaintiff filed suit
against you for to change name of
minor child.
You are required to file with the
Clerk of Superior Court, and to serve
upon plaintiffs attorney whose name
and address is: 951 Pine Roc Dr.,
Stone Mountain, GA 30083 Answer
in writing within sixty (60) days of
September 15, 2014.
Witness the Honorable Tangela M.
Barrie, Judge of the DeKalb Superi
or Court.
This the 15th day of September,
2014.
Debra DeBerry
Clerk of Superior Court
556 N. McDonough Street
G-130 Annex
Decatur, GA. 30030-3356
350-363476 10/2,10/9,10/16,10/23wg
NOTICE OF PUBLICATION
In the State Court
of DeKalb County
State of Georgia
Civil Action No.
++13A49390-2++
Erica McRae,
Plaintiff
vs.
Lamar Styles,
Defendant
To: Lamar Styles Trl.
3326 Waldrop Styles
Decatur, GA 30034
By Order for service by publication
dated September 9, 2014, you are
hereby notified that on November 12,
2013, Erica McRae, filed suit against
you for $TBD principal, $TBD in
terest, and $TBD attorney's fees.
You are required to file with the
Clerk of the State Court, and to serve
upon plaintiffs attorney, Bruce A. Ha
gen, an Answer in writing within sixty
(60) days of the date of the order for
publication.
Witness the Honorable Stacey K.
Hydrick, Judge of this State Court.
This the 11th day of September,
2014.
Melanie F Wilson, Clerk
State Court of DeKalb County
By: Anita Dino
Deputy Clerk
For: State Court
of DeKalb County
DeKalb County Courthouse
556 N. McDonough Street
Decatur, Georgia 30030
350-363477 10/2,10/9,10/16,10/23wg
SERVICE BY PUBLICATION
To:
RESIDENT/TENANT/OCCUPANT
DEKALB COUNTY, GEORGIA C/O
VERNON JONES, CHIEF EXECUT
IVE OFFICER
STATE OF GEORGIA
C/O NATHAN DEAL, GOVERNOR
GEORGIA DEPARTMENT OF
LABOR-EMPLOYER ACCOUNTS
SECTION
DAYDREAMS EARLY LEARNING
CENTER INC C/O NIKKIA BURTON
RA
NIKKIA BURTON
CHILDREN OF THE FUTURE DAY
CARE INC.
CHILDREN OF THE FUTURE DAY
CARE INC C/O GERINDA HARRIS,
RA
GERINDA HARRIS
WHEELS INC.
C/O DANIEL BRIDGERS ATTY
Take Notice That:
The right to redeem the following de
scribed property to wit:
All that tract or parcel of land lying
and being in District 15 Land Lot 61
known as ++3616 FLAKES MILL
RD++ and parcel 15 061 10 005 per
records of DeKalb County and plat
maps of the County Tax Assessor's
Office, subject to restrictions on re
cord with the Clerk of Superior Court,
DeKalb County, Georgia, and exclud
ing rights of way and easements. The
property is more particularly de
scribed in the DeKalb County deed
records at Deed Book 18408, Page
757. Plat and deed are a part hereof,
will expire and be forever foreclosed
and barred on and after November 3,
2014.
The tax deed to which this notice
relates is dated May 7, 2013, and is
recorded in the office of the Clerk of
Superior Court of DeKalb County,
Georgia in Deed Book 23814 at Page
481.
The property may be redeemed at
any time before November 3, 2014,
by payment of the redemption price
as fixed and provided by law to the
undersigned at the following address:
NR Deed, LLC
1266 West Paces Ferry Road #517
Atlanta, GA 30327
Please be governed accordingly.
350-363952 10/2,10/9,10/16,10/23wg
COULTER & SIERRA, LLC
IN THE SUPERIOR COURT
OF DEKALB COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE NO.
++14-CV-4464-7++
In the matter of:
ATLANTA GEORGETOWN CON
DOMINIUM ASSOCIATION, INC.
v.
BRADLY M. TARATOOT
Atlanta Georgetown Condominium
Association, Inc. issues this NOTICE
OF PUBLICATION by Court Order for
service by publication dated August
13, 2014.
Bradly M. Taratoot is hereby notified
that on April 24, 2014, Atlanta Geor
getown Condominium Association,
Inc. filed suit against you for money
owed on an account and contract and
judicial foreclosure as provided for in
O.C.G.A. 44-3-109 (a) of the Georgia
Condominium Act. You are required
to file with the Clerk of Court and to
serve upon plaintiffs attorney, Mary
Beth Sierra, an answer in writing
within sixty (60) days of the date of
the order for publication referenced
above.
This the 27th day of July 2014
Debra DeBerry
Clerk of Superior Court
DeKalb County
350-363973 10/2,10/9,10/16,10/23wg
NOTICE OF PUBLICATION
In the State Court
of DeKalb County
State of Georgia
Civil Action No.
++14A52256-3++
Thaddeus Bibbs & Tonja Bibbs,
Plaintiff
vs.
True Tiet To,
Defendant
To: True Tiet To
By Order for service by publication
dated 10th day of September, 2014,
you are hereby notified that on 16th
day of July, 2014, Thaddeus Bibbs &
Tonja Bibbs filed suit against you for
$TBD principal, $TBD interest, $TBD
attorney's fees.
You are required to file with the
Clerk of the State Court, and to serve
upon plaintiff's attorney, Thomas C.
Sinowski II, an Answer in writing witin
sixty (60) days of the date of the Or
der for Publication.
Witness the Honorable Wayne M.
Purdom, Judge of this State Court.
This the 17th day of September,
2014.
Melanie F Wilson, Clerk
State Court of DeKalb County
By: J. Gray-Cody
Deputy Clerk
For: State Court
of DeKalb County
DeKalb County Courthouse
556 N. McDonough Street
Decatur, Georgia 30030
350-363997 10/2,10/9,10/16,10/23wg
NOTICE OF PUBLICATION
IN THE SUPERIOR COURT
OF DEKALB COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE No.
++14CV8155-6++
HOLLIS & GRAY, LLC
Petitioner,
v.
A TRACT OF LAND, BEING KNOWN
AS 1799 OLD HICKORY STREET
(TAX PARCEL NUMBER 15 183 10
011) As the respective interests May
be or appear: TENANT, OWNER OR
OCCUPANT OF PROPERTY; BANK
OF AMERICA, N.A.; G2M PROPER
TIES, INC..,
Respondents.
TO:
a. Unknown Parties with any Interest
in the Subject Property;
b. Bank of America, NA;
c. G2M Properties, Inc.
You are hereby notified that the
above styled petition for enforcement
of lien and foreclosure and to quiet
title to property located at 1799 Old
Hickory Street, Dekalb County, Geor
gia, was filed against you in the Su
perior Court of Dekalb County Au
gust 19, 2014, and that by reason of
an order for service of summons by
publication entered by the Court on
the 12th day of September, 2014,
you are hereby commanded and re
quired to file with the Clerk of said
Court and serve upon John Ayoub or
Carolina Dallal Bryant, Attorney at
Law, whose address is 675 Semin
ole Ave., Suite 301, Atlanta, GA
30307 an Answer to the Complaint
within sixty (60) days of the order for
publication.
WITNESS, the Honorable Cynthia
Becker, Judge of said Court.
This the 12th day of September,
2014.
Debra DeBerry
Clerk of Superior Court
350-364049 10/2,10/9,10/16,
10/23WG
NOTICE OF FORECLOSURE
OF RIGHT TO REDEEM
Re: Notice of Foreclosure Right to
Redeem (the “Notice”) following
Tax Sale of 1770 Glenhaven Circle,
DeKalb County, Georgia, Map Tax
ID Reference: 15 191 03 004 (the
“Property”)
TAKE NOTICE THAT:
Pursuant to O.C.G.A. § 48-4-45 and
§ 48-4-46, the right to redeem the fol
lowing described property, to-wit:
All and only that parcel of land desig
nated as Tax Parcel 15 191 03 004,
in Land Lot 191 of the 15th District,
DeKalb County, Georgia, being Lot
18, John D. Cook & W. G. Flake Sub
division according to plat recorded in
Plat Book 18, Page 17, DeKalb
County, Georgia Records and being
more particularly described in Deed
Book 11531, Page 643, known as
++1770 Glenhaven Circle++, will ex
pire and be forever foreclosed and
barred on November 24, 2014 (the
“Redemption Deadline Date”).
The tax sale deed to which this no
tice relates is dated November 2,
2010, and is recorded in the office of
the Clerk of the Superior Court of
DeKalb County, Georgia in Deed
Book 22257, Page 425, DeKalb
County, Georgia Records.
The Property may be redeemed at
any time before the Redemption
Date Deadline by payment of the re
demption price as fixed and provided
by law to the undersigned at the fol
lowing address:
Equity Trust Company Custodian
FBO Mike Maldonado IRA (suc
cessor in title to Melissa R. Bevans)
c/o John R. Grimes, Esq.
Lefkoff, Duncan, Grimes, McSwain &
Hass, P.C.
3520 Piedmont Road, N.E., Suite 200
Atlanta, GA 30305
Telephone: (404) 262-2000
Please be governed accordingly.
JOHN R. GRIMES, Attorney for
Equity Trust Company Custodian
FBO Mike Maldonado IRA
350-364055 10/2.10/9WG
IN THE SUPERIOR COURT
OF DEKALB COUN TY
STATE OF GEORGIA
CASE FILE NO.
14-CV-6488-3
1328 Biffle Road
Parcel Id. Number 16-062-03-004
DEKALB COUNTY, GEORGIA,
Plaintiff,
vs.
All that tract or parcel of land lying
and being in Land Lot 62 of the 16th
District, DeKalb County, Georgia, and
being more particularly described in
Deed Book 21726, page 122, DeKalb
County records; being known as
1328 Biffle Road; DeKalb County
Parcel Identification Number 16-062-
03-004; Samuel White; John D. Free
land; Margaret Y. Sampson; LPS As
set Management Solutions, Inc.;
Buena Vista Capital, Inc.; DeKalb
County Recorder’s Court; DeKalb
County Tax Commissioner; ALL
OTHER PARTIES UNKNOWN WHO
CLAIM OR MIGHT CLAIM ANY IN
TEREST IN THE DESCRIBED PAR
CEL OF REAL PROPERY
Defendants.
FINAL ORDER
On June 26, 2014, plaintiff filed its
complaint-in-rem, lis pendens and
summons. Consistent with O.C.G.A.
§ 41-2-12(a), these pleadings were
served on the parties, the complaint
was posted on the property, and a
copy of the Rule Nisi notice was pub
lished in The Champion Newspaper.
None of the parties filed an answer.
FINDINGS OF FACT
The property is located in unincorpor
ated DeKalb County, Georgia at 1328
Biffle Road, Stone Mountain, GA
30088, local tax map reference 16-
062-03-004 in a single family residen
tial district. Since October 30, 2012,
the property has been in a state of
disrepair as follows:
(1) The structure is considered dan
gerous and unfit for human habita
tion which imperils the health, safety
and welfare of the citizens of the
neighborhood, and has become a
haven for vagrants.
(2) The dwelling is burnt, vacant, un
secured, structurally unsound and
creates a general nuisance to the
public. The parties failed to obtain
permits for alterations and/or con
struction on the property which re
mains non-compliant with the county
code.
(3) It must be boarded-up according
to county code specifications.
(4) The roof is damaged and in dis
repair.
(5) The exterior and interior home
must be repaired.
(6) The broken front windows and
doors must be repaired or replaced.
(7) The property is a blighting influ
ence on the neighborhood. It was
cited for various other violations in
cluding failure to cut excessive high
weeds and grass; to remove open
storage of trash and debris; to main
tain the exterior in good condition,
and to clean the interior of trash and
debris.
RULING OF THE COURT
Based on the evidence presented in
this case, the court FINDS the follow
ing:
a. Pursuant to the Code of DeKalb
County § 18-69 and O.C.G.A. § 42-1-
7, et. seq., the subject property is un
fit for human habitation, and is dan
gerous and imperils the health, safety
and welfare of the citizens of the
county.
b. Within 60 (sixty) days of the execu
tion of this Order, the court author
izes the defendants, owners and in
terested parties, to repair the items
listed above. All repairs must comply
with the applicable codes and regula
tions. After 60 (sixty) days, the
plaintiff shall re-inspect the property
for compliance.
c. If the defendants, owners and in
terested parties, fail to repair or de
molish the structure, the court author
izes the plaintiff to repair or demolish
the structure. After the expiration of
the 60 (sixty) days, the plaintiff’s
abatement actions shall commence
within 270 (two hundred and seventy)
days. If these actions are prohibited
by an injunction, issued pursuant to
O.C.G.A. § 41-2-13, or any equitable
relief granted by a court of compet
ent jurisdiction, then those days shall
not be counted toward the plaintiff’s
abatement days.
d. Pursuant to O.C.G.A. § 41-2-
9(a)(5), after the expiration of the 60
(sixty) day repair/abatement period,
the court authorizes the plaintiff to
place a placard on the property which
shall remain on the property until all
of the remedial and demolition work
is complete.
e. These findings of fact shall be pos
ted on the property and advertised in
The Champion Newspaper.
f. The plaintiff shall make reasonable
efforts to salvage reusable materials
for credit against the costs of demoli
tion.
g. All demolition costs shall consti
tute a lien against the property includ
ing the removal of salvaged materi
als; all court costs; appraisal fees;
permit costs; administrative costs; ad
vertisement costs; restoration to
grade of the real property after de
molition; attorney’s fees, and all oth
er costs necessarily associated with
this complaint-in-rem action.
h. This court grants permission to the
plaintiff to maintain grass and weeds
on the property below 12 (twelve)
inches.
i. The plaintiff shall confirm with the
Georgia Power officials to ensure that
the utilities are cut off and capped at
the street.
SO ORDERED, this 24th day of
September, 2014.
The Honorable Clarence F. Seeliger
Superior Court of DeKalb County, GA
Prepared by Angela D. Afflick
DeKalb County Law Department
++14-CV-6488-3 1328 Biffle Road
Parcel Id. Number 16-062-03-004++