(A) Whenever a notice is required to be given under the City of Indio Municipal Code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:
(1) Personal service; or
(2) First-class mail; or
(3) Certified mail; or
(4) Electronic service, only if the party to receive notice has consented to electronic service; or
(5) Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the City Manager.
(B) Service by certified or first-class mail.
(1) If service is provided by certified or first-class mail in the manner described above, the service shall be effective on the date of mailing.
(2) Class mail. The same notice may be sent simultaneously by certified and first-class mail.
(3) If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to first-class mail, provided the notice that was sent by first-class mail is not returned.
(C) Electronic service.
(1) This section shall be consistent with § 1010.6 of the California Code of Civil Procedure and the rules of court adopted by the Judicial Council for electronic service.
(2) Definitions.
(a) "Electronic service" means service of a document, on a person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a person, including a party, by a person's agent, including the person's attorney, or through an electronic filing service provider, and by a court.
(b) "Electronic transmission" means the transmission of a document by electronic means to the electronic service address at or through which a person receives electronic service.
(c) "Electronic notification" means the notification of the person that a document is served by sending an electronic message to the electronic address at or through which the person receives electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(3) Procedure.
(a) Electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(b) Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a non-court day shall be deemed served on the next court day.
(4) Consent to electronic service.
(a) Persons represented by counsel.
(i) A person represented by counsel, who has appeared in an action or proceeding, shall accept electronic service of a notice or document that may be served by certified or first-class mail.
(ii) A person represented by counsel shall, upon the request of any representative of the citing agency, electronically serve the citing agency at the provided electronic service address with any notice or document that may be served by certified or first- class mail.
(b) Unrepresented persons.
(i) An unrepresented party may provide express consent to receive electronic service by submitting written consent to the City Clerk.
(ii) The written consent must include a valid electronic service address (a valid e-mail address); the party's full name; and the written consent must be attached to a copy of the matter the party is requesting electronic service for.
(c) Withdrawal of consent.
(i) An unrepresented party who has provided express consent to accept service electronically may withdraw consent at any time by serving the City Clerk with written notice of withdrawal of their consent.
(ii) Counsel for a represented party may withdraw consent to electronic service at any time by serving the City Clerk with written notice of withdrawal of their consent.
(D) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.
(Ord. 1809, passed 2-21-24)