(a) The director shall give notice of all proceedings before the commission under § 7-102:
(1) By certified mail, return receipt requested, to:
a. The record owners of the affected property as shown by the records in the office of the county clerk of the county in which the affected property is located; and
b. Each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from such records.
(2) To all other persons by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable.
(3) The notice shall be mailed and posted on or before the tenth calendar day before the date of the hearing before the commission. Additionally, the notice shall be published in the official newspaper of the city on one occasion on or before the tenth calendar day before the date fixed for the hearing.
(4) The notice shall state the date, time and place of hearing, and shall include a statement, that the owner, lienholder or mortgagee, shall be required to submit at the hearing proof of the scope of any work that may be required to comply with this article, and the time in calendar days in which it will take to reasonably perform the work. The notice shall also inform the owner of his or her right to hire an attorney to represent him or her at the hearing; his or her right to inspect the file on the property at code compliance headquarters prior to the hearing; his or her right to request the presence of city staff for the purpose of questioning at the hearing; and shall advise the owner of his or her right to cross-examine city staff at the hearing.
(b) In a municipal court proceeding under § 7-102A, the city shall give notice of all proceedings before the municipal court:
(1) By certified mail, return receipt requested, to:
a. The record owners of the affected property as shown by the records in the office of the county clerk of the county in which the affected property is located; and
b. Each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from such records.
(2) To all other persons by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable.
(3) The notice shall be mailed on or before the tenth calendar day before the date of the hearing before the municipal court.
(4) The notice shall state the date, time and place of hearing, and shall include a statement, that the owner, lienholder or mortgagee, shall be required to submit at the hearing proof of the scope of any work that may be required to comply with this article, and the time in calendar days in which it will take to reasonably perform the work. The notice shall also inform the owner of his or her right to hire an attorney to represent him or her at the hearing; his or her right to inspect the file on the property at code compliance headquarters prior to the hearing; his or her right to request the presence of city staff for the purpose of questioning at the hearing; and shall advise the owner of his or her right to cross-examine city staff at the hearing.
(c) The city may file a notice of a proceeding that is before the building standards commission or municipal court in the official public records of real property in the county in which the affected property is located.
(1) The notice shall contain the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file in the office of the county clerk, a legal description of the property, and a description of the proceeding.
(2) The filing of the notice is binding on subsequent grantees, lienholders or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the proceeding on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.
(3) When the city mails a notice in accordance with this section to a property owner, lienholder, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 14629, § 1, passed 5-22-2001; Ord. 23577-03-2019, § 5, passed 3-19-2019)