Appeals from the actions of the director in the administration of the LUO shall be to the zoning board of appeals as provided by Charter § 6-1516. Appeals must be filed within 30 days after the mailing or service of the director’s decision. For the purposes of this section:
(1) For actions of the director that are not required to be served by registered or certified mail, the date of mailing or service is the date on which the director's action is placed into the United States Postal Service mail.
(2) For actions of the director that are served by registered or certified mail, the date of mailing or service is the date on which the registered or certified mail is received, as indicated by the return receipt for the mailing or other records of the United States Postal Service.
(3) For actions of the director that are served by physical delivery to a person or a person's residence, place of employment, or usual place of business, the date of service is the date of delivery, as established by an acknowledgment of service signed by the person taking delivery of the director's action or a sworn declaration made by the person responsible for effecting the service of the director's action by physical delivery.
(4) For actions of the director that are served by physical posting of a copy of the action on the property where the violation has occurred, the date of the service is the date of posting, as established by a sworn declaration made by the person responsible for effecting the service of the director's action by physical posting.
(5) For actions of the director that are served by publication, the date of service is the date on which the last required publication is made.
(6) For actions of the director that are delivered by facsimile, email, or other means of electronic transmission, the date of service is the date on which the action is transmitted to the correct email address, facsimile number, or other electronic address for the person served, as established by a facsimile receipt, email receipt, email response that acknowledges receipt of the email, or other reasonable proof of the successful transmission of electronic delivery to the addressee.
(7) For persons who submit a written request to receive notice of a director’s action concerning a particular project, property, or applicant prior to the director’s action being issued, the date of service will be determined in accordance with subdivisions (1) through (6).
(8) For persons who submit a written request to receive notice of a director’s action concerning a particular project, property, or applicant after the director’s action has been issued, the date of service is the earlier of date on which the director’s action was served in accordance with subdivisions (1) through (6), or the date on which the director’s action was served on the person requesting notice of the director’s action in accordance with subdivisions (1) through (6).
(1990 Code, Ch. 21, Art. 1, § 21-1.40) (Added by Ord. 99-12; Am. Ord. 22-7)