FAQs
How do I opt out of the proposed annexation area?
If you are a resident of the annexation area and you previously signed the annexation application, the time to withdraw your consent has already passed. If you are a resident of the annexation area and you did not previously sign, no further action is needed; not signing the application is the same as opposing it. State law allows annexation of an entire area if at least 60% of the property owners and 60% of the voters who live in the area sign the application. See O.C.G.A. § 36-36-32. Thus, the City is required to consider the entire annexation area as a whole, as long as at least 60% of the property owners and voters who live in the area have signed. If the entire area is annexed, all properties in the area will become part of Brookhaven.
What is an "island"?
An "unincorporated island" is an area of land that is not part of a city, but completely touches one or more cities on all sides. State law prohibits any annexation or deannexation that would create any new unincorporated island(s). See O.C.G.A. § 36-36-34(a).
What is the process for approving the annexation application?
After City Staff and legal counsel have determined that the application complies with state law, staff analyzes the application and service delivery strategies for the annexed area. The staff report and service delivery report are forwarded to the City Council for consideration. In addition, rezoning of the property is required when property is annexed into the City. The rezoning portion of the application requires review and recommendation from the Planning Commission. The Planning Commission’s recommendation is forwarded to the Council as part of the rezoning application.
What is the process for verifying the annexation application?
City Staff and legal counsel reviews the submitted applications for compliance with the legal requirements in three ways. First, the City consults map data to confirm that the boundaries of the annexation area comply with state law. Second, the City reviews property records to confirm that at least 60% of the property owners in the area have signed the application. Third, the City reviews voter registration records to confirm that at least 60% of the registered voters in the area have signed the application.
What to do if you suspect fraud in the application process.
The city takes allegations of fraud very seriously. If you have evidence of fraud relating to this annexation application, please contact Annexation@brookhavenga.gov
Why aren’t apartment complexes included in annexation boundaries?
The 60% method requires 60% of voters in the area to be in favor of an annexation. Because voter rolls for apartment complexes aren't always accurate, it is challenging to obtain the correct voter signatures. For example: 1 unit could have 4 different voters registered for that unit that do not reside there. For that reason, apartment complexes are sometimes left out of an annexation boundary.
Will schools change if an area is annexed?
No, there would be no change in schools. The City of Brookhaven and unincorporated DeKalb County are operated by the DeKalb County School District. Only the school district has the ability to modify schools.
How does the City ensure apartments meet code requirements?
The City of Brookhaven requires all multifamily rental complexes (apartments) to submit annual inspection reports showing that every unit continues to meet minimum code requirements.
What do I do if my landlord is not performing regular maintenance on my apartment unit?
Please see the Georgia Landlord Tenant Handbook
How do I report an illegal burning?
Please dial 911 to report the suspected illegal burning. DeKalb County Fire Rescue will respond because they provide fire protection to the City of Brookhaven.
How do I get a burn permit in Brookhaven?
There is a year-round burn ban in Brookhaven and DeKalb County. Unless you have 10 acres or more, you cannot burn in Brookhaven. For further information, please visit the Air Protection Divisions page on the Georgia Environmental Protection Divisions website here.
Who do I contact about repairs that need to be made in my apartment?
Apartment repair requests should be directed to the owner or manager of the property first. Then, if the repairs are not completed within a reasonable period of time, contact Code Enforcement at Code@BrookhavenGA.gov.
Can I remain anonymous when I report a code violation?
Yes. However, there are some complaints that require the Officer to contact you for additional information and/or appointments. For example: If you are a tenant renting an apartment or a home, the Officer must contact you to schedule an appointment in order to conduct the inspection.
How can I get a copy of the Brookhaven ordinances?
Ordinances for the City of Brookhaven can be viewed here.
What property maintenance codes does Brookhaven enforce?
We enforce the Property Maintenance and Nuisance Abatement Codes adopted by the Council of the City of Brookhaven and the most current edition of the International Property Maintenance Code (I.P.M.C.).
How do I contact a code enforcement officer?
Simply call 404-637-0500, give the nearest known location of the possible violation and your call will be forwarded to the Code Enforcement Officer assigned to that area. The Code Enforcement Division is located in Brookhaven City Hall at 4362 Peachtree Road; Brookhaven, Ga. 30319. Our office hours are from 8:30 a.m.-5 p.m. Monday through Friday, excluding City-designated holidays, and our code enforcement officers normally work 8 a.m.-5 p.m., Monday through Friday, excluding City-designated holidays. One may submit information via email, anytime, 24/7, at Code@BrookhavenGA.gov.
May I notify Code Enforcement to report violations on commercial property?
Yes. Brookhaven Code Enforcement inspects both commercial and residential property for violations to Brookhaven’s codes and ordinances.
How do I report a suspected code violation after normal business hours?
To report a suspected code violation, after normal business hours, either leave a voice mail message at our main customer service line 404-637-0500, submit your concern via Brookhaven Connect or email your concern to Code@BrookhavenGA.gov.
Who do I speak with regarding an extension to my assigned abatement schedule?
Contact the Code Enforcement Officer assigned to your particular case.
What are the penalties of a court citation?
Penalties are as follows; however, fines are ultimately set by the Municipal Court Judge:
- A fine ranging from $100 to $1,000 per violation, per day
- Jail time - between 1 to 60 days maximum per violation, but not to exceed 180 days for all charges
- Alternative compliance such as demolition, order to vacate, and\or clean and close the property
- Community service
Who do I call to report after-hours construction activity?
Please contact the Police Department at 404-637-0600 for after-hours construction activity.
What are the allowable hours for construction activity?
Pursuant to Chapter 7, Section 7-196, construction activity and deliveries shall be limited to:
- Monday-Friday 7 a.m.-7 p.m.
- Saturday 8 a.m.-5 p.m.
- No work is permitted on Sundays or the following holidays: New Year’s Day, Thanksgiving Day, Christmas Day, Memorial Day, Fourth of July and Labor Day.
A construction hours sign detailing the allowed times is required to be posted.
Failure to install and maintain construction hours sign in good condition:
- If a builder/developer fails to comply with the signage posting requirement, the proposed construction activity shall not commence until the posting has been corrected and approved by the land development inspector at a rescheduled pre-construction meeting.
- The 1st offense associated with removal, damaging or not maintaining in good condition of the construction hour sign will result in a mandatory 24-hour stop work order.
- 2nd offense will lead to a mandatory 48-hour stop work order to be enforced on the property.
- 3rd and final offense will result in the issuance of a citation with a mandatory 72-hour stop work order. A citation shall carry with it a fine up to $500 dollars for each day the builder/developer fails to maintain signage in good condition. Any fine will be determined by the municipal court Judge.
Failure to abide by construction hours:
- Only one courtesy notice will be provided to the builder/developer for failure to abide by the required construction activity hours, with a mandatory 24-hour stop work order enforced on the property.
- Subsequent violations will result in the issuance of a citation for each offense (either by code enforcement or police) to the builder/developer and subcontractor that is found to be in violation. In addition to the issuance of citation, a mandatory 48-hour stop work order will be enforced on the property for each offense. A citation shall carry with it a fine up to $500 dollars for each offense. Any fine will be determined by the municipal court Judge.
Habitual violator:
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“Habitual violator” means any person/entity who has been cited and convicted three or more times within a single calendar year for violating the construction activity policy.
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When the records of the Community Development Department disclose that any person/entity has been cited and convicted of a violation of the construction activity policy and qualifies as a habitual violator as defined above, the Community Development Department shall notify such person/entity that upon the date of the notification, such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to carry on any construction activity within the City’s boundary for the remainder of said calendar year.
Where can I find the Comprehensive Plan and Character Area Study?
The Comprehensive Plan and Character Area Study supplement can be found here.