San Jose Municipal Code Part 15 Notice Serving and Filing

A. Service or filing of any notice, appeal, answer or other document required to be served or filed under Chapter 3.04 may be made by personal service or filing, or by mail.

B. Service or filing by mail under Chapter 3.04 shall be deemed complete when deposited in the United States Post Office, or a mailbox, subpost office, substation or mail chute, or other like facility regularly maintained by the Government of the United States, in a sealed envelope with postage paid. If notice is directed to an employee, such notice shall be addressed to the employee at the address of residence last given to the city.

C. In case of service by mail under Part 11 or Section 3.04.850 of this chapter, the time for an answer or appeal after such service shall be extended one day. Time shall be extended one day additional for every full one-hundred-miles' distance between the place of deposit and the place of address, but such extension shall not exceed ten days in all. If the last day of the time for an answer or appeal falls on a Saturday, Sunday or legal holiday, the time for the answer or appeal shall be extended to the next business day.

D. Failure to appeal in writing within the time periods prescribed for appeals in this chapter excluding Part 11 may be waived if the commission finds that the appellant failed to receive actual notice due to circumstances completely beyond the control of the appellant and such failure prejudiced an appellant's opportunity to file a timely appeal.

(Prior code § 2017.1; Ords. 22384, 23278.)

Proof of service or filing, either personal or by mail, may be made by either declaration under penalty of perjury or affidavit affixed to the notice, or other document served or filed.

(Prior code § 2017.2.)