§ 18-164. Complaint, summons, service, posting answer, and lis pendens.

(a)

Complaint and summons. If the county building official's investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the county building official may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served on the interested parties for such dwelling, building, or structure.

(1)

Interested parties. For the purposes of this chapter, "interested parties" means:

a.

Owner of the property;

b.

Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia;

c.

Those parties having filed a notice of levy for a tax sale in accordance with O.C.G.A. § 48-3-9;

d.

Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the county building official or records maintained in the county courthouse or by the clerk of the court. Interested parties shall not include the holder of the benefit or burden of any easement or right-of-way whose interest is properly recorded which interest shall remain unaffected; and

e.

Persons in possession of said property and premises.

(2)

Complaint contents. The complaint shall:

a.

Identify the subject real property by appropriate street address and official tax map reference;

b.

Identify the interested parties;

c.

State with particularity the factual basis for the action; and

d.

Contain a statement of the action sought by the county building official to abate the alleged nuisance.

(3)

Summons contents. The summons shall notify the interested parties that a hearing will be held before the Paulding County Magistrate Court, 280 Constitution Boulevard, Dallas, Georgia, or other place so designated within the county, at a designated time and date.

(b)

Service and posting of complaint.

(1)

At least 14 days prior to the date of the hearing, the county building official 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. Reasonably ascertainable shall mean on record with the county building official, the tax assessor, or in the real estate deed records of the superior court clerk. If there are any persons occupying the property, the complaint shall likewise be served upon the occupants at the property address.

(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 county legal organ once a week for two consecutive weeks prior to the hearing.

(3)

The complaint shall be posted on the property within three days of its filing and at least 14 days prior to the date of the hearing.

(c)

Answer. Interested parties shall have the right to file an answer to the complaint, to appear in person or by attorney, and to offer testimony at the time and placed fixed for the hearing.

(d)

Lis pendens. Upon filing the complaint, the county building official shall thereafter file a notice of lis pendens with the Paulding County Superior Court Clerk. The notice shall contain the following information:

(1)

The names of the interested parties, including Paulding County;

(2)

The filing date of the complaint and the Paulding County Magistrate Court case number;

(3)

A description of the real property involved; and

(4)

A statement of the relief sought regarding the property.

(Res. No. 13-11, § 1, 5-28-2013)

State law reference

O.C.G.A. §§ 41-2-8(6), 41-2-9(a)(3), and 41-2-12.