§ 30-28. Citation; service of process.

(a)

Contents of citation.

(1)

The citation shall name as respondent(s) the person or persons alleged responsible for maintenance of the public nuisance. Where the alleged public nuisance involves a condition or activity existing upon private property, the owner(s) of such property, and any interested party shall also be named as a respondent. For purposes of this article, "owner of private property" shall mean the holder of the title in fee simple and holder of every mortgage, deed to secure debt, lien or judgment, as recorded in the title records of the county. "Interested party" shall mean an interested party as defined in O.C.G.A. § 48-4-77 and persons in possession of said property and premises.

(b)

The citation shall plead with specificity all facts necessary to show the existence and location of the alleged public nuisance and its duration or frequency of reoccurrence.

(c)

The citation shall contain the specific date and time of the hearing before the municipal court, which hearing shall occur at least 14 days after issuance of the citation.

(d)

Service of citation.

(1)

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

a.

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 subparagraph b.

b.

Parties residing outside of the City shall be served by certified mail or statutory overnight delivery, return receipt requested, mailed at least 14 days prior to the date of hearing.

c.

For persons 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.

d.

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.

(2)

Personal service under this article may be perfected by any code enforcement or law enforcement officer of the city, or any citizen over the age of 18 years specially appointed by the judge of the municipal court;

(3)

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

(Ord. No. 17-2006, § 1, 8-28-06)

State law reference

Similar provisions, O.C.G.A. § 41-2-12.