Sec. 38-64Service of complaints

Complaints issued by a public officer pursuant to this article shall be served in the following manner:

(1) At least 14 days prior to the date of the hearing, the public officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the complaint shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and a copy shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing.

(2) For any interested party whose mailing address is 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.

(3) A notice of lis pendens shall be filed in the office of the clerk of 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.

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

(5) Enforcement of the lien shall be in accordance with O.C.G.A. § 48-4-7, as well as other applicable provisions of this ordinance and state law. In the event of conflict between any of the provisions of this article and state law, state law shall govern.

History: (Ord. No. 2004-13, § 1.33, 9-2-2004)