(A) Complaints and orders issued by the Code Enforcement Coordinator or officer under this article shall be served upon persons either personally or by registered or certified mail and, in conjunction therewith, may be served by regular mail. When the manner of service is by regular mail in conjunction with registered or certified mail, and the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after mailing, service shall be deemed sufficient. The person mailing the notice or order by regular mail shall certify that fact and the date thereof, and the certificate shall be conclusive in the absence of fraud.
(B) If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the Code Enforcement Coordinator or officer in the exercise of reasonable diligence, and the Code Enforcement Coordinator or officer makes an affidavit to that effect, then the serving of the complaint or order upon the unknown owners or other persons may be made by publication in a newspaper having general circulation in the city at least once no later than the time at which personal service would be required under the provisions of this article. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.
(Ord. No. 756, passed 2-9-1978; Ord. No. 1252, § 1, passed 2-10-1983; Ord. No. 97-89, §§ 6, 12, passed 8-14-1997)
(C) Each owner of rental property located within the city shall authorize a person residing in Pitt County to serve as his or her agent for the purpose of accepting service of process under this section. The owner shall provide, on a form supplied by the City Clerk, the authorized agent’s name and address. The owner shall notify the City Clerk of any changes in the information provided not less than ten days after such changes have occurred. Nothing in this subsection shall be interpreted to require an owner to designate an agent to accept service of process where the owner of the rental property resides within Pitt County. The initial failure of an owner to authorize an agent, as required in this subsection, will not result in the imposition of a civil penalty as hereinafter authorized; however, a civil penalty will be imposed if an owner fails to authorize an agent and fails to provide to the City Clerk, on the form supplied by the City Clerk, the authorized agent’s name and address not less than ten days after being notified by the Code Enforcement Coordinator or officer that such a designation is required under this subsection. Any violation of the provisions of this subsection or a failure to comply with any of its requirements will subject the offender to a civil penalty in the amount of $50. Each ten-day period or part thereof in which a violation continues shall be considered a separate violation for the purpose of the civil penalty provided by this subsection.
(Ord. No. 01-121, § 1, passed 9-13-2001)
Statutory reference:
Service of complaints and orders, see G.S. 160D-1206