(A) Methods of service.
(1) Citations, warnings, orders, notice of continued hearings, notice of a statement that public bids are to be let, and notice of claims for payment (the “documentation”) must be given by either:
(a) Sending a copy of the documentation by registered or certified mail to the residence or place of business or employment of the person to be notified, with return receipt requested;
(b) Delivering a copy of the documentation at the property or usual place of residence of the person to be notified; or
(c) Leaving a copy of the documentation at the property or usual place of residence of the person to be notified.
(2) When service is made by any of the means described, 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 documentation was issued, the nature of the documentation and the date of service. The affidavit must be placed on file with the Department.
(B) Service not obtained. If, after a reasonable effort, service is not obtained by means described above, service may be made by publishing a notice of the documentation in the applicable public newspaper in the county where the property housing the nuisance is located. Publication may be made on consecutive days. If service of the documentation is made by publication, the publication must include the information required by § 90.16 of this chapter 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 the Department.
(C) Effective date. The date when the documentation is considered given is as follows.
(1) If the documentation is delivered personally or left at the dwelling or usual place of residence, 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 residence.
(2) If the documentation 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 Department.
(3) Notice by publication is considered given on the date of the second day that publication was made.
(D) Repeat offender. If a person repeats a violation (such as grass and weeds and the like) within a one-year period: the officer shall issue a citation and the matter shall be set for hearing as provided herein. Said violation shall be subject to all provisions provided in § 90.99, including attorney fees and costs of collection for said citation. Said citations shall be issued in an amount consistent with § 90.99 below.
(2014 Code, § D2.1(3)) (Ord. 2020-09-21(C), passed 9-25-2020)