§ 6-285. Service of complaints or orders upon owners and parties in interest.

(a)

Summons and copies of the complaint shall be served in the following manner:

(1)

In all cases, a copy of the complaint and summons shall be conspicuously posted on the subject dwelling, building, structure or property within three (3) business days of filing of the complaint and at least fourteen (14) days prior to the date of the hearing;

(2)

At least fourteen (14) days prior to the date of the hearing, the public officer shall mail copies of the complaint and summons by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identities and addresses are readily ascertainable. Copies of the complaint and summons shall also be mailed by first-class mail to the property address to the attention of the occupants, if any;

(3)

For interested parties 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 (2) consecutive weeks prior to the hearing; and

(4)

A notice of lis pendens shall be filed in the office of the clerk of superior court in which the dwelling, building, structure or property is located at the time of filing the complaint in municipal court.

(b)

The public officer shall cause an affidavit of service to be filed of record in the municipal court prior to the hearing showing compliance with the service requirements of this section. Such affidavit shall constitute a prima facie showing of minimum procedural due process and shall constitute sufficient proof that service was perfected.

(c)

Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this section on every 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 in the proceedings.

(Ord. No. 19-16, § 1, 10-6-16)