(A) All notices required by this article shall be given by the City Manager or such employee of the city to whom the City Manager delegates the task of giving the notice. Any investigation to determine the name and address of an interested party shall be conducted by the City Manager or such employee of the city to whom the City Manager delegates the task of conducting such inquiry.
(B) All notices required by this article shall be in writing, shall be dated, and may be given in any manner reasonably calculated to give the interested party to whom the notice is directed actual knowledge of the contents of the notice.
(C) Notice to an owner shall be deemed properly given if sent by certified mail, return receipt requested, to the address shown in the records of the County Treasurer for the owner of the building or structure in question.
(D) Notice to a lien holder shall be deemed properly given if sent by mailed certified mail, return receipt requested, to the address, if any, shown on the lien document filed in the office of the Register of Deeds.
(E) Notice to a tenant shall be deemed properly given if mailed certified mail, return receipt requested, to the address of the building or structure in question. Reasonable inquiry shall be made to determine the name of the tenant or tenants. If after reasonable inquiry the name of the tenant or tenants cannot be found, such notice shall be sent, certified mail, return receipt requested, to “tenant or tenants” at the address of the building or structure in question. This division (E) shall not be construed to require notice to a tenant to be mailed; such notice maybe given in any manner authorized by division (B) above.
(F) If after diligent investigation and inquiry the address of an interested party cannot be ascertained, and no other means of giving notice is available, notice may be mailed by certified mail, return receipt requested, to the last known address of such interested party.
(G) If any person upon whom a notice is required to be served under this article is deceased, the notice shall be issued to, and copies shall be served upon, the duly appointed personal representative, if any, of the estate; the surviving spouse, if any, of the deceased; and all heirs the name of whom can be ascertained in the exercise of reasonable diligence.
(H) If an interested party is deceased, and after diligent investigation and inquiry the names, residence, place of abode, or whereabouts of the heirs, devisees, personal representatives, or other persons interested in the estate of such named person deceased cannot be ascertained, notice may be published addressed to “the heirs, devisees, legatees, personal representatives, and all other persons interested in the estate of such named person deceased”, “real names unknown”.
(I) If after diligent investigation and inquiry, the name, residence, or address of an interested party, not deceased, cannot be ascertained, notice shall be published addressed to “all persons having or claiming to have an interest in”, followed by a legal description of the lot or tract where the building or structure in question is located.
(J) Any notice given by certified mail shall be deemed to have been given on the date that such notice was mailed.
(K) (1) Any notice given by publication shall be published once in a newspaper of general circulation in the city, and shall be deemed to have been given on the date of such publication.
(2) If notice by publication is given, notice shall also be posted in a conspicuous place on the building or structure to which the notice relates.
(L) If, for any reason, a notice shall be determined to have been insufficient or defective, then such continuances or extensions of time as justice requires may be granted.
(M) After the giving of notice in any manner, the person giving the notice shall prepare and execute an affidavit. A copy of the notice shall be attached to the affidavit. The affidavit shall state that attached is a true copy of the notice which was served, the names of the persons upon whom the notice was served, and the date and manner of service. If the notice was published, an affidavit by the printer of publication shall be obtained.
(Ord. 3805, passed - -2004)