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Jacobs v. Chatham County, Ga.

Cawthon v. Douglas County, 248 Ga. 760 1982 adversely decided the defendant's contentions that Chatham county was not a proper party to seek an injunction against him and that injunctions against violations of county ordinances are not permissible, in that a county has an adequate remedy at law through criminal prosecutions.

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Following a bench trial on a petition brought by Chatham County, Jay Jacobs appeals the permanent injunction entered against him, which mandates that he remove trash and inoperable vehicles from his property and which enjoins him from allowing his property to fall into noncompliance with pertinent provisions of the Chatham County Property Maintenance and Health Codes. He argues among other things that a county has no authority to seek to enjoin the violation of its ordinances and that the county here failed to properly prove that he had repeatedly violated its ordinances in the past. We hold that under proper circumstances, a county does have the power to seek an injunction enjoining the violation of its ordinances, and that the lack of a trial transcript here prevents the review of the alleged evidentiary deficiency. Accordingly, we affirm. On appeal from a bench trial, we construe the evidence in favor of the judgment and will not disturb fact findings of a trial court if there is any evidence to sustain them. Sam’s Wholesale Club v. Riley .1 Here, however, we have no evidence to construe, as no transcripts from the two evidentiary hearings conducted below were included in the record on appeal. Therefore, “we must assume that, in the absence of a transcript, the trial court’s findings are supported by sufficient competent evidence.” Punctuation omitted. Hensley v. Young .2

The trial court found that over a period of twelve years, Jacobs had repeatedly violated the Chatham County Property Maintenance Code by allowing garbage and derelict vehicles to accumulate on and litter his residential property. On at least four occasions, Chatham County had cited Jacobs for violations, resulting in Jacobs bringing his property into minimal compliance as ordered by the recorder’s court, which compliance was only temporary.

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