§ 1.25.050. Procedure for serving compliance order.

The administrator may serve, or cause to be served, a compliance order, as follows:

A.

If the responsible person is a corporation, the administrator or his or her designee shall attempt to locate any one of the following individuals and issue to that individual a compliance order: the president or other head of the corporation, a vice-president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above-listed individuals is known to the city, a copy of the compliance order also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

B.

If the responsible person is a business other than a corporation, the administrator or his or her designee shall attempt to locate the business owner and issue the business owner a compliance order. If the administrator or his or her designee can locate only the manager of the business, the compliance order may be issued to the manager of the business. If the address of the business is known, a copy of the compliance order also shall be mailed to that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

C.

The administrator or his or her designee shall attempt to obtain on the compliance order the signature of a responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the compliance order. If a responsible person or person served refuses or fails to sign the compliance order, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings.

D.

If the administrator or his or her designee is unable to locate a responsible person for the violation, the compliance order shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

E.

If the administrator or his or her designee does not succeed in serving the responsible party personally, or by certified mail or regular mail, the administrator or his or her designee shall post the compliance order on any real property within the city in which the city has knowledge that the responsible party has a legal interest, and such posting shall be deemed effective service.

F.

If the administrator or his or her designee does not succeed in serving the responsible party personally, by certified mail or regular mail, and the city is not aware that the responsible party has a legal interest in any real property within the city, the administrator or his or her designee shall cause the compliance order to be published once a week for four successive weeks in a local newspaper published at least once a week.

(Ord. 6761 § 1 (part), 1998)