§ 18-98. Service of complaints or orders upon owners and parties in interest.

(a) A copy of the citation shall be served in one of the following ways:

(1)

Personal service upon each respondent who is a resident of the city. Service shall be perfected at least ten days prior to the date of hearing. If personal service cannot be perfected, service of the citation shall be made utilizing the method set out in subparagraphs (2), (3), and (4) as applicable.

(2)

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 identities and addresses 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 shall be posted on the property within three business days of the filing of the complaint and at least 14 days prior to the date of the hearing. It is hereby declared a violation of this section to deface, destroy or remove a posted notice on the property, and violation of this section shall subject the violator to penalties pursuant to chapter 1, section 1-12

(3)

For interested parties whose mailing address is unknown, a notice of the date, time and place of the hearing shall be published in the newspaper in which the sheriff's advertisements appear in the county once a week for two consecutive weeks prior to the hearing.

(4)

In the event a party is a minor, estate, an incompetent person, or person laboring under disabilities, the guardian or personal representative of such person shall be served. If such person has no guardian or personal representative, service shall be perfected upon the probate judge of the county of residence, who shall appoint a guardian ad litem for such person.

(b)

Personal service under this article may be perfected by the building safety division manager, building official, fire marshal or other legal officers as may be designated by the director of planning, zoning and economic development and/or law enforcement officer of the city.

(c)

Proof of service shall be filed with the clerk of the municipal court prior to the date of hearing.

(d)

For unfit dwellings, buildings or structures, a notice of lis pendens shall be filed in the office of the clerk of superior court in the county at the time of filing the complaint in municipal court. Such notice shall have the same force and effect as other lis pendens notices provided by law.

(e)

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. 03-2014, § 1(Exh. A), 5-28-14 )