All notices, including compliance orders and administrative citations, required per these procedures shall be served on the responsible person(s) in accordance with the following provisions.
(A) Notices may be personally served on a responsible person. When an enforcement officer issues a compliance order or an administrative citation in the presence of a responsible person, that a responsible person shall be asked to sign the compliance order or administrative citation to acknowledge receipt. A responsible person’s failure or refusal to sign a compliance order or an administrative citation shall not affect the validity of that compliance order or administrative citation, and a responsible person’s signature on any administrative citation shall not constitute an admission of responsibility.
(B) (1) Notices may be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by first-class mail, postage prepaid. If a notice sent by certified mail is returned unclaimed, service by first-class mail shall nevertheless be effective if that mail is not returned.
(2) If the violation consists of a condition of real property or otherwise affects real property, such notice shall be addressed to the responsible person at the property’s address, unless the enforcement officer knows or has reason to know that the United States Postal Service does not deliver mail to that property. In addition, if the enforcement officer’s reasonable investigation reveals a different home or business address for the responsible person, a copy of the notice shall also be sent to his or her alternate address by first-class mail, postage prepaid.
(C) If, after good faith attempts to serve a responsible person, notice has not been served, a copy of that notice shall be posted in a conspicuous place on the property where the alleged violation has been observed.
(D) If a compliance order or administrative citation is issued for violation of CAWD regulations by a business or other organization, and if the responsible person cited is not the sole owner of that business or other organization, a copy of the compliance order or administrative citation and of any other notices required in connection with that administrative citation shall also be personally delivered or shall be sent by first-class mail, postage prepaid, to the owner or director of that business or other organization, as may be determined by the enforcement officer’s investigation.
(E) If a compliance order or administrative citation is issued for a violation of CAWD regulations existing on real property, and if the responsible person cited is not shown in the official records of the CAWD as the sole owner in fee simple of the real property, a copy of the compliance order or administrative citation and of any other notices required in connection with that administrative citation shall also be personally delivered or shall be sent by first-class mail, postage prepaid, to any owners of interests in that property that may be affected by the violation, at the address shown on the last equalized county assessment roll, and at such other address as may be determined by the enforcement officer’s investigation.
(F) If the enforcement officer does not succeed in serving the responsible person personally, and if the enforcement investigation reveals no home or business address for the responsible person, and if the violation does not consist of any condition of real property, the enforcement officer shall cause the notice to be published once a week for four successive weeks in a local newspaper published at least once per week.
(G) Service of any notice in accordance with these requirements may be proven by declaration or affidavit. Service is complete upon personal delivery, upon deposit with the United States Postal Service, upon posting on property or upon completion of publication according to provisions of this section. Failure of any person with an interest in the compliance order or administrative citation to receive properly served notice shall not affect the validity of any proceedings under these procedures.
(Ord. 2019-03, passed 4-25-2019)