§ 150.165 SUBSTANDARD BUILDINGS AND PUBLIC NUISANCES; SERVICE AND METHOD OF SERVICE OF…

(A) Service of hearing notice. The hearing notice, and any amended or supplemental notice, shall be served upon the record owner, and posted on the property, and one copy thereof shall be served on each of the following if known to the responsible official or disclosed from official public records:

(1) The holder of any mortgage or deed of trust or other lien or encumbrance of record;

• (2) The owner or holder of any lease of record; and

(3) Any known tenants actually occupying the property or that portion affected by the hearing notice.

(B) Method of service. Service of the hearing notice may be made upon all persons entitled thereto, either by personal delivery or by certified mail, return receipt requested. Service may be made upon the record owner at his, her or their address as it appears on the latest equalized assessment roll of Humboldt County, or the supplemental roll, whichever is more current, or as known to the responsible official. Service by certified mail in the manner herein provided shall be effective on the date of mailing. A copy of the hearing notice and any amended or supplemental notice shall also be posted on the premises. In lieu of personal service or service by certified mail, service of the hearing notice and any amended or supplemental notice may be made as follows:

(1) In the event that service by certified return receipt mail cannot be effected or the recipient cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:

(a) By leaving a copy during usual business hours in the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left; or

(b) By leaving a copy at the recipient’s dwelling or usual place of abode in the presence of a competent member of the household and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left.

(2) In the event the recipient 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 division (B)(1) of this section upon the property manager or rental agency.

(3) If the recipient lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail.

(4) If the recipient cannot be located or service cannot be effected as set forth in this section, service may be made by publication in a Eureka newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Cal. Gov’t Code § 6062.

(C) Failure to serve. The failure of the responsible official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this subchapter. The failure of any person served pursuant to this section to receive such notice and order shall not affect the validity of any proceedings taken under this section.

(D) Proof of service. Proof of service of the hearing notice shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the hearing notice retained by the responsible official.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)