A. Upon the owner's request for a hearing, the director shall issue a hearing notice. The notice shall contain:
1. A copy of the citation and order;
2. A copy of the notice of administrative penalty, where applicable;
3. An order to the owner to appear before a hearing officer at a stated time, but in no event less than twenty (20) calendar days after mailing of the hearing notice;
4. A list of the actions which the director intends to ask the hearing officer to order the owner to take if the matter is not resolved before hearing. Nothing shall prevent the hearing officer from ordering other actions not listed in the hearing notice, but the owner shall have the right to ask for a supplemental hearing on such other actions as set forth in Section 8.08.230 of this chapter;
5. A statement that all interested persons may attend and testify at the hearing.
B. The hearing notice, and any amended or supplemental notice, shall be served either by personal delivery or by mailing a copy by certified mail, postage prepaid, return receipt requested, upon the record owner at the owner's address as it appears on the latest equalized assessment roll of Sacramento County, or as known to the director. At the discretion of the director, copies of the notice may also be mailed to the owner by first class mail or mailed to any holder of an interest in the property or a mortgage, deed of trust, or other lien or encumbrance of record.
In lieu of personally serving the owner or service by certified mail, service of the notice and any amended or supplemental notice may be made as follows:
1. In the event that the owner refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. In lieu of personal delivery of a copy of the notice, a notice or any amended or supplemental notice may be served by leaving a copy during usual office hours in his or her office with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy of the notice to the owner at the address where the copy of the notice was left. Or, a notice or any amended or supplemental notice may be served by leaving a copy at the owner's dwelling, usual place of abode, or usual place of business in the presence of a competent member of the household or a person apparently in charge of his or her office or place of business, at least eighteen (18) years of age, and thereafter mailing by first-class mail a copy of the notice to the owner at the address where the copy was left.
2. In the event the owner refuses to accept certified return receipt mail or cannot be personally served and has a property manager, or rental agency overseeing the premises, substituted service may be made as set forth in subsection (B)(1) of this section upon the property manager or rental agency.
3. If the owner lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail.
4. If the owner of the property cannot be located after a diligent search, service may be made by publication in a Sacramento newspaper of general circulation which is most likely to give actual notice to the owner.
C. Proof of service of the hearing notice shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
D. Failure to effect service on any person specified herein shall not invalidate proceedings against any person who is properly served. (Prior code § 61.16.1615)