(A) Complaints and orders issued by the Town Manager or his or her designee under this subchapter 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 such 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 Town Manager or his or her designee in the exercise of reasonable diligence, and the Town Manager or his or her designee 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 town at least once no later than the time at which personal service would be required under the provisions of this subchapter. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.
(C) Authorized agent. Each owner of rental property located within the town shall authorize a person residing in the county to serve as his or her agent for the purpose of accepting service of process under this section. The Town Manager may choose to consider allowing a non-county resident to serve as a designee on a case by case basis. The owner shall provide the authorized agent's name and address in writing to the Town Manager or his or her designee. The owner shall notify the Town Manager or his or her designee of any changes in the information provided not less than ten days after such changes have occurred. Nothing in this division (C) 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 the county. The initial failure of an owner to authorize an agent, as required in this division (C), 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 Town Manager or his or her designee the authorized agent's name and address not less than ten days after being notified by the Town Manager or his or her designee that such a designation is required under this division (C). Any violation of the provisions of this division (C) 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 division (C).
(Ord. 04-05-19, passed 5-9-05; Am. Ord. 05-06-36, passed 3-27-06)