§ 5-28. Service of complaints and orders.

(a)

Complaints or orders issued by a public officer pursuant to an ordinance adopted under this article shall, in all cases, be served upon each person in possession of such property, each owner, and each party in interest; and the return of service signed by the public officer or his agent or an affidavit of service executed by any citizen of this state, reciting that a copy of such complaint or orders was served upon each person in possession of such property, each owner and each party in interest personally or by leaving such copy at the place of his residence, shall be sufficient evidence as to the service of such person in possession, owner and party in interest.

(b)

If any of the owners and parties in interest shall reside out of the city, service shall be perfected by causing a copy of such complaint or orders to be served upon such party by the sheriff or any lawful deputy of the county of the residence of such party or such service may be made by any citizen; and the return of such sheriff or lawful deputy or the affidavit of such citizen, that such party was served either personally or by leaving a copy of the complaint or orders at the residence, shall be conclusive as to such service.

(c)

Nonresidents of this state shall be served by posting a copy of such complaint or orders in a conspicuous place on the premises affected by the complaint or orders. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered or certified mail.

(d)

In the event either the owner or any party in interest is a minor or an insane person or 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 city or is a nonresident, he shall be served as provided for in subsection (c) or (d) in such cases. If such minor or insane person or person laboring under disabilities has no guardian or personal representative or in the event such minor or insane person lives outside the city or is a nonresident, service shall be perfected by serving such minor or insane person personally or by leaving a copy at the place of his residence which shall be sufficient evidence as to the service of such person; in the case of other persons who live outside of the city or are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such person.

(e)

(1) 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 and the public officer shall make an affidavit to that effect, the service of such complaint or order upon such person shall be made in the same manner as provided in subsection (c) above or service may be perfected upon any person, firm or corporation holding itself out as an agent for the property involved.

(2)

In the event the identity 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 and the public officer shall make an affidavit to that effect, then the public officer shall make service of notice of such complaint or order by publication on such unknown owner or party at interest in the manner provided by O.C.G.A. § 9-11-4(e)(1(C) as such procedure is authorized by O.C.G.A. §§ 9-11-4(e)(1)(B) and 9-11-4(g).

(f)

A copy of such complaint or orders shall also be filed in the proper office for the filing of lis pendens notice in the county in which the dwelling, building or structure is located and such filing of the complaint or orders shall have the same force and effect as other lis pendens notices provided by law. Any such complaint or orders or an appropriate lis pendens notice may contain a statement to the effect that a lien may arise against the described property and that an itemized statement of such lien is maintained on a lien docket maintained by the clerk of the city commission.

(Ord. No. 0-86-34, § 7, 11-4-86; Ord. No. 0-94-4, §§ 1, 2, 5-17-94)