Authorization for Service of Process

  1. Law
  2. Georgia Code
  3. Local Government
  4. Organization of County Government
  5. County Governing Authorities
  6. Authorization for Service of Process

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A county governing authority shall have the power to authorize any of the officers, agents, and employees of the county to serve, in any manner prescribed by applicable law, any process, summons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, when:

  1. The paper to be served arises out of or relates to an activity or condition conducted or maintained by such person within the territorial jurisdiction of the county in violation of an applicable law or ordinance covering the following: public housing, building, electrical, plumbing, heating, ventilating, air-conditioning, air and water pollution control, solid waste management, and other technical or environmental codes; county business, occupation, and professional license tax ordinances; county privilege license or permit ordinances; or ordinances providing for the protection of facilities for the treatment or wholesale or retail distribution of water from tampering or theft which may arise either from a single isolated act or omission or from an activity or condition;
  2. The paper to be served originates in or is issued under the authority of the department or branch of county government employing such officer, agent, or employee; and
  3. Each and every day the condition is maintained or the activity is conducted is made a separate county offense by applicable law or ordinance.

    Where any such paper names one or more persons who reside outside the territorial jurisdiction of the county, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the superior courts of this state.

(Code 1981, §36-5-26, enacted by Ga. L. 1992, p. 2122, § 1.)


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