(A) Service of notice. Complaints and all orders issued by the Chief Code Enforcement Officer shall be served by the Chief Code Enforcement Officer upon persons either personally or by registered or certified mail.
(1) When service of a complaint or order is accomplished personally or by registered or certified mail, such service is hereby deemed to be complete on the day of delivery to or receipt by the person served. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if 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. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.
(2) If the identities of any owners or the whereabouts of persons are unknown and the same cannot be ascertained by the Chief Code Enforcement Officer in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by registered or certified mail and the Chief Code Enforcement Officer makes an affidavit to that effect, then the serving of such complaint or order upon the owners or other persons may be made by publication in a newspaper of general circulation in the city at least once no later than the time at which personal service would be required under the provisions of the Minimum Housing Code and G.S. Article 12, Chapter 160D, being G.S. §§ 160D-1201 et seq. When service is made by publication, a copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order; in the case of the complaint, it must be posted at least ten days prior to the hearing.
(B) Notice of lis pendens. Upon the issuance of a complaint and notice of hearing or an order pursuant thereto, a notice of lis pendens, with a copy of the complaint and notice of hearing or order attached thereto, may be filed in the office of the Clerk of Superior Court of the county. The notice of lis pendens and a copy of the complaint and notice of hearing or order attached thereto shall be indexed and cross indexed in accordance with the indexing procedures of G.S. § 1-117. From the date and time of indexing, the complaint and notice of hearing or order shall be binding upon the successors and assigns of the owners of and parties in interest in the dwelling. A copy of the notice of lis pendens shall be served upon the owners and parties in interest in the dwelling at the time of filing in accordance with G.S. § 160D-1206. The notice of lis pendens shall remain in full force and effect until canceled. The notice of lis pendens shall be canceled upon compliance with the order. Upon receipt of notice of cancellation from the city, the Clerk of Superior Court shall cancel the notice of lis pendens.
(Code 2019, § 9-43)