(A) Notice of orders, notice of statements of recision, notice of continued hearings, notice of a statement that public bids are to be let and notice of claims for payment must be given by:
(1) Sending a copy of the order or statement by registered or certified mail to the residence or place of business or employment of the person to be notified with return receipt requested;
(2) Delivering a copy of the order or statement personally to the person to be notified; and/or
(3) Leaving a copy of the order or statement at the dwelling or usual place of abode of the person to be notified.
(B) If, after a reasonable effort, service is not obtained by a means described in division (A) above, service may be made by publishing a notice of the order of statement in accordance with I.C. 5-3-1 in the county where the unsafe premises are located. However, publication may be made upon consecutive days. If service of an order is made by publication, the publication must include the information required by § 150.32(B)(1), (2), (4) through (7), and (9), and must also include a statement indicating generally what action is required by the order and that the exact terms of the order may be obtained from Building Administrator.
(C) When service is made by any of the means described in this section, except by mailing or by publication, the person making service must make an affidavit stating that he or she has made the service, the manner in which service was made, to whom the order or statement was issued, the nature of the order or statement and the date of service. The affidavit must be placed on file with the Building Administrator.
(D) The date when notice of the order or statement is considered given is as follows.
(1) If the order or statement is delivered personally or left at the dwelling or usual place of abode, notice is considered given on the day when the order or statement is delivered to the person or left at his or her dwelling or usual place of abode.
(2) If the order or statement is mailed, notice is considered given on the date shown on the return receipt, or, if no date is shown, on the date when the return receipt is received by the enforcement authority.
(3) Notice by publication is considered given on the date of the second day that publication was made.
(E) Notice of orders, notice of statement of recision, notice of continued hearings and notice of a statement that public bids are to be let need not be given to a person holding a property interest in an unsafe premises if:
(1) No instrument reflecting the property interest held by the person is recorded in the recorder's office of Clay County;
(2) The order or statement was recorded in accordance with § 150.31; and
(3) The Building Administrator has received neither written information nor actual notice of the identity of the person who holds a property interest in the unsafe premises.
(F) A person who fails to record an instrument reflecting an interest in his or her unsafe premises is considered to consent to action taken under this subchapter relative to which notice would otherwise be given.
(Ord. 15-2005, passed 6-29-2005)