Category Archives: Dunwoody High School

Another Cover Up in Dunwoody

Posted on May 4, 2017 by | 3 comments

As discussed in yesterday’s post, Enforcing Zoning, Building, and Other Ordinances, DeKalb Schools’ Chief Legal Officer says, “GDOE guidelines provide that temporary educational facilities must meet all applicable state and local building codes and must have a separate certificate of occupancy for each building.”
Unfortunately, hundreds of students across the county are currently sitting in non-inspected trailers. The City of Dunwoody can’t provide a Certificate of Occupancy (CO) for most of the portable classrooms currently in Dunwoody.
Cities need to enforce their ordinances/code, regarding building, plumbing, electrical, land disturbance, storm water, etc. for any building activity on property owned by the school district or county, within the city. The court explicitly stated, in City of Decatur vs. DeKalb County, that within a city, only the city is imbued with the powers to enforce such things.


Portable classrooms in Dunwoody not inspected

Robert Miller began looking into the overcrowding issue a decade ago when his children were forced to learn in trailers. He was interviewed by CBS 46 in the news story “Portable classrooms in Dunwoody not inspected”
“We don’t know how old the trailers are, we don’t know where they came from,” Miller said. “When you look at the city of Dunwoody code, they don’t even allow temporary trailers. You can only have temporary trailers connected to a building permit.”
With his permission, I’m reposting some thoughts Robert Miller recently shared on Facebook.

Rober Miller
Dunwoody Parent

Another cover up in Dunwoody! The School Administration quietly cut down specimen trees and quietly installed non-permitted trailers, while the City Staff quietly sat by and watched because they only permit, inspect and fine if they can collect money. Now they are both quietly having meetings to work out a cooperative deal!
Have you been warned, threatened or fined by the City? Did you get to have a beneficial meeting with the city and work out a deal?
If the City was committed to protecting the citizens then they would equally and fairly enforce city ordnances with all partners, businesses and other governments. Not just the ones that pay for permits and fines!
The Dekalb County School administration is not following the State requirement of getting a certificate of occupancy for trailers used as classrooms. And the City of Dunwoody staff is not enforcing the city’s temporary trailer and tree ordnances. Is the city staff lazy or do they only enforce life safety issues when they get paid?
The Mayor and city council’s job is to establish the code AND hold the staff accountable for enforcing the code.
I am sick of the incompetence!
School Administrators DO YOUR JOB!
School Board HOLD THEM ACCOUNTABLE!
City Staff DO YOUR JOB!
Mayor and Council HOLD THEM ACCOUNTABLE!

Related Posts

Enforcing Zoning, Building, and Other Ordinances
May 3, 2017 – What authority does a city or county have in enforcing its zoning, building, and other ordinances with respect to temporary and permanent building on school property? This question with respect to zoning and all other ordinances became settled law with the rulings for two court cases.

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Open Letter to Mayor, Council Members, and City of Dunwoody staff – Enforcement of city ordinances/code
April 12, 2017 – I am writing to address a concern I have regarding recent correspondence about the city’s process for permitting and inspections for compliance with city ordinances; specifically as they relate to other governmental entities operating within the city’s boundaries.

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Posted in Dunwoody High School, Trailers

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Enforcing Zoning, Building, and Other Ordinances

Posted on May 3, 2017 by | 14 comments

What authority does a city or county have in enforcing its zoning, building, and other ordinances with respect to temporary and permanent building on school property?

The question of how different governmental entities operating within one jurisdiction with respect to zoning and all other ordinances became settled law, or stare decisis, with the rulings for two court cases.
Macon-Bibb County Planning & Zoning vs. Bibb County School District – This case set the precedent that governmental entities – in this case a school district – can use their property for their governmental purposes. They are exempt from the rules of zoning so long as the property is used for their governmental purposes.
City of Decatur vs. DeKalb County – This case set the precedent that zoning powers and “supplementary powers” are two separate powers that can accrue to both cities and counties. While a governmental entity operates within the jurisdiction of another governmental entity, they are exempt from zoning but they are not exempt from the supplementary powers. Supplementary powers are those powers that a city or county can use to regulate building and maintenance on a property. This case set the precedent that governmental entities must follow all ordinances of the local jurisdiction outside of zoning.

Does OCGA exempt the school district from any other building regulations, codes and ordinances? Jennifer Hackemeyer was the General Counsel for the Georgia Department of Education for 10 years. She is currently the Chief Legal Officer for DeKalb Schools and helps us dig into this.

Jennifer Hackemeyer
Chief Legal Officer, DeKalb County School District

Based on the decision by the Georgia Court of Appeals in City of Decatur v. DeKalb County, the District is exempt from zoning ordinances but is subject to regulations regarding state fire safety standards (O.C.G.A. §25-2-12(a)(2)) and the Erosion and Sedimentation Act (O.C.G.A. §12-7-1 et. seq.). O.C.G.A. § 25-2-12 through 14 have specific requirements for fire safety for buildings used as school buildings.
In addition, Georgia’s education code requires that the GDOE common minimum facility requirements for each public schools that must include: those provisions of law or state board policy on matters that related to “fire and physical safety; sanitation and health, including temperature and ventilation; minimum space, size and configuration for the various components of the instructional program; and construction stability, quality and suitability for intended uses.” See O.C.G.A. §20-2-261(a).
Additionally, GDOE guidelines provide that temporary educational facilities must meet all applicable state and local building codes and must have a separate certificate of occupancy for each building.
The District is required to obtain building, electrical, and plumbing (if applicable) permits. Inspections are completed by the local authorities and the Fire Marshal’s Office, prior to obtaining a certificate of occupancy from the local municipality.

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Posted in Board Policy, Capital Projects, Chamblee High School, Dunwoody High School, Lakeside High School