§ 9-3.1103. Method of Service.

Service of the notice of violation or notice and order 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/their address as it appears on the last equalized assessment roll of Stanislaus County recorded documents, or as known to the Building Official. A copy of the notice of violation or notice and order and any amended or supplemental notice of violation or notice and order shall also be posted on the premises.

(a)

In lieu of personally serving the owner or service by certified mail, service of the notice of violation or notice and order and any amended or supplemental notice of violation or notice and order 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. Substituted service may be accomplished as follows:

(i)

By leaving a copy during usual business hours in the recipients business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;

(ii)

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 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 as set forth in (1) above 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, or service cannot be effected as set forth in this section, service may be made by publication in a Modesto 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 Government Code Section 6063.

The failure of any such person to receive such notice of violation or notice and order shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

(Ord. 3463-C.S., § 1, effective 1-3-08)