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(1) A warning notice, citation, or a notice of violation shall be served upon the responsible person(s) by one or both of the following methods:

(a) Personal service on the person(s) named, or by leaving a copy of the warning notice, citation, or notice of violation at that person’s usual abode with a person of suitable age and discretion who resides there.

(b) Service by mailing 2 copies, postage prepaid, one by ordinary first class mail and the other by certified mail to the person(s) last known address, at the address of the violation, or at the address of the place of business of the person(s) responsible.

(c) Service by mail shall be presumed effective upon the third business day following the day upon which the warning notice, citation, or notice of violation was placed in the mail.

(2) In all cases, the property owner may be named as a party to the violation, and notice shall be mailed to the address shown on the tax records of the county.

(3) If the whereabouts of the person(s) named is unknown, service shall be made by posting and/or publishing the notice in accordance with the following:

(a) Posted notices shall be conspicuously placed on the property where the violation is occurring; and/or

(b) When publication is utilized, the department shall publish one notice in the official county newspaper.

(4) A stop work order shall be served by posting in a conspicuous place on the property where the violation is occurring and by personal service or certified mail return receipt requested. The stop work order shall be effective on the date that it is posted.

(5) An emergency order shall be served by posting in a conspicuous place on the property where the violation is occurring and by personal service or certified mail return receipt requested. The emergency order shall be effective on the date that it is posted.

(6) Adequacy of mailed notice:

(a) Any mailed notice required by this chapter shall be deemed adequate where a good-faith effort has been made by the department to identify and mail a notice to each property owner and taxpayer of record and known site address. The taxpayer’s address as show on the tax records of the county shall be deemed to be the proper address for the purpose of mailing such notice to the owner of the property where the violation occurred.

(b) Notices mailed to property owners, taxpayers of record and known site addresses shall be deemed received by those persons if named in an affidavit or declaration of mailing executed by the department.

(c) The failure of any person to actually receive the warning notice, citation, or notice shall not invalidate any code enforcement action. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).