§ 26-127. Service of complaints.

(a)

Complaints issued by a public officer pursuant to this article shall be served in the following manner. In all cases, a copy of the complaint and summons shall be conspicuously posted on the subject dwelling, building, or structure within three business days of filing of the complaint and at least ten days prior to the date of the hearing. A copy of the complaint and summons shall be served in one of the following ways:

(1)

Personal service upon each owner and party in interest if such parties are residents of the county. Service shall be perfected at least ten days prior to the date of the hearing. Service may be made by the public officer designated by ordinance to abate nuisances or by any law enforcement officer of the city; and a return of service, filed with the clerk of the appropriate court, shall be deemed sufficient proof that service was perfected;

(2)

Pursuant to the provisions of Article 5, Chapter 4 of Title 48, of the O.C.G.A. (specifically, O.C.G.A. § 48-4-78); or

(3)

Statutory overnight delivery.

(b)

If any owner or party in interest is a resident of this state but resides outside the county, service shall be perfected by certified mail or statutory overnight delivery, return receipt requested, to the most recent address shown in the county tax filings, and mailed at least 14 days prior to the date of the hearing.

(c)

Nonresidents of this state, whose mailing addresses are known, shall be served by certified mail or statutory overnight delivery, return receipt requested, mailed at least 14 days prior to the date of the hearing. For nonresidents whose mailing addresses are unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriff's advertisements appear in such county once a week for two consecutive weeks prior to the hearing.

(d)

In the event either the owner or any party in interest is a minor, an estate, an incompetent person, or a person laboring under disabilities, the guardian or other personal representative of such person shall be served; and if such guardian or personal representative resides outside the county or is a nonresident of this state, he or she shall be served as provided for in subparagraph (f) of this section. If such owner or party in interest has no guardian or personal representative, service shall be perfected by serving the judge of the probate court of the county wherein such property is located at least 30 days prior to the date of the hearing which judge shall stand in the place of and protect the rights of such minor, estate, or incompetent person or appoint a guardian ad litem for such person.

(e)

In the event of unknown persons or unborn remaindermen who are likely to have any rights in the property or interest or the proceeds thereof, the judge of the probate court of the county wherein the property or interest is located shall be personally served at least 30 days prior to the date of the hearing, and it shall be the duty of the judge of the probate court to stand in the place of and to protect the rights of such unknown parties or unborn remaindermen.

(f)

In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence or if any owner or party in interest cannot, after due diligence, be served as provided in this article, the public officer shall make an affidavit to that effect and serve it by publication in the manner provided in subparagraph (c) of this section, and such publication shall be sufficient proof that service was perfected.

(g)

A notice of lis pendens shall be filed in the office of the clerk of the superior court in the county in which the dwelling, building or structure is located at the time of filing the complaint in the appropriate court. Such notice shall have the same force and effect as other lis pendens notices provided by law.

(h)

Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this article on the owner and any party in interest who answers the complaint or appears at the hearing. Any party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings.

(Ord. No. 11-3, § 2(Exh. A), 4-12-2011)