A. Methods Of Service Defined: For purposes of this chapter, the methods of service of any documents related to enforcement, such as correction notices, notices of civil violation, civil regulatory orders, etc. (hereinafter "document"), are defined as follows:
1. Personal Service: Personal service shall mean handing the document to the person subject to the document or leaving it at his or her dwelling or usual place of abode with some person of suitable age and discretion then residing therein, or leaving it at his or her office or place of employment with a person in charge thereof. Personal service shall also be deemed complete when the hearing examiner or designee, or the hearing body or its designee, hands any order, ruling, decision, or other document to a person prior to, during, or after a hearing.
2. Mailing: Service by mail shall mean sending the document by regular, first class mail, postage prepaid and properly addressed, to the last known address of the person subject to the document. The last known address shall be an address provided to the city by the person to whom the document is directed; if an address has not been provided to the city, the last known address shall be any of the following as they appear at the time the document is mailed: the address of the property where the violation is occurring, as reflected on the most recent equalized tax assessment roll of the county assessor or the taxpayer address appearing for the property on the official property tax information website for Pierce County; the address appearing in any database used for the payment of utilities for the property at which the violations are occurring; the address appearing on the project permit application, or the address of the person to whom the documents are being sent that appears in the Washington state department of licensing database. Where service of the notice of violation is by mail, service shall be deemed complete upon the third day following the day upon which they are placed in the mail, unless the third day falls on a Saturday, Sunday, or federal legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day.
3. Posting: Posting shall mean affixing a copy of the document in a conspicuous place on the property, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. Service by posting shall be accomplished on the date of the posting in compliance with this section.
4. Publication: Publication of the document shall mean publication as set forth in Revised Code Of Washington 4.28.100 and 4.28.110, as currently enacted or hereafter amended.
B. When First Class Mail Deemed Service: Any correction notice, notice of civil violation, notice of hearing, civil regulatory order, or other code enforcement document shall be deemed legally served upon a party by use of regular, first class mail, as described in subsection A2 of this section, unless another method of service is expressly required in a particular subsection of this chapter, state law, or court rule; provided, at the discretion of the code enforcement officer, the code enforcement officer may personally serve documents or cause documents to be personally served upon a party.
C. Proof Of Service; Due Diligence: Proof of service may be made by written affidavit or declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which service was made, and if service was made solely by posting or publication, facts showing that due diligence was used in attempting to locate a mailing address for the person at whom the notice of violation is directed. Proof of service may also be made by testimony given under oath in a proceeding relating to the violation.
D. Additional Proof Of Service Not Necessary: The hearing examiner shall not require additional proof of service beyond the requirements in this section. (Ord. 912, 9-14-2011)