THE ADMINISTRATIVE IN REM PROCEDURE

In Rem is a Latin term meaning action “against a property”, not person.  In Rem generally applies to a structure or a building.  When a property has been identified as abandoned, vacant, dilapidated, or unsecured, the City can take action to bring the property into compliance through Administrative In Rem proceedings (The Atlanta Housing Code of 1987, Article III).

1. The Administrative In Rem Review Board is established to conduct monthly hearings to determine whether a structure or building can be ordered demolished or cleaned or closed. The Board is composed of nine members.
2. The property is inspected throughout resulting in a detailed report that establishes the deterioration level.
1. Demolition Qualification: structure/building cannot be repaired at cost of less than 50% of the value, exclusive of foundation and lot.
2. Clean and Close Qualification: structure/building can be repaired at less than 50% of the value, exclusive of the foundation and lot.
3. Notification of hearing is mailed (via certified mail) to owners and all parties with an interest in the party identified through a formal title examination.
4. Notification is published in the newspaper in which the sheriff’s advertisements appear in such county for two consecutive weeks prior to the hearing.
5. A notice of “lis pendens” is filed in the office of the clerk of superior court in the county in which the structure or building is located prior to the hearing.
6. Should an owner not adhere to the Order issued, the City is authorized to execute the Order using City-wide contractors. A lien will be filed against the property for services associated with the Order.

In Rem Hearing Results