Service of Complaints or Orders Upon Parties in Interest and Owners of Unfit Buildings or Structures

  1. Law
  2. Georgia Code
  3. Nuisances
  4. Abatement of Nuisances Generally
  5. Service of Complaints or Orders Upon Parties in Interest and Owners of Unfit Buildings or Structures

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  1. Complaints issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-11, this Code section, and Code Sections 41-2-13 through 41-2-17 shall be served in the following manner. 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 filing the complaint and at least 14 days prior to the date of the hearing.
  2. 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 consecutive weeks prior to the hearing.
  3. A notice of lis pendens shall be filed in the office of the clerk of superior court in the county in which the dwelling, building, or structure is located at the time of filing the complaint in the appropriate court. Such notice shall have the same force and effect as other lis pendens notices provided by law.
  4. Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this Code section on any 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.

(Code 1981, §41-2-12, enacted by Ga. L. 1982, p. 2107, § 45; Ga. L. 1983, p. 3, § 30; Ga. L. 1986, p. 1508, § 3; Ga. L. 1988, p. 1419, § 2; Ga. L. 1989, p. 14, § 41; Ga. L. 1991, p. 94, § 41; Ga. L. 1992, p. 1538, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 1196, § 4; Ga. L. 2004, p. 907, § 3.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, "Code Section 41-2-13 through 41-2-17" was changed to "Code Sections 41-2-13 through 41-2-17" in subsection (a).

Pursuant to Code Section 28-9-5, in 2004, "identities and addresses" was substituted for "identity and address" in subsection (a).

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that subsection (c) is applicable with respect to notices delivered on or after July 1, 2000.

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).


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