5.07.060 Notice – Manner of service.
Any notice required under this ordinance shall be delivered in a manner reasonably calculated, under all the circumstances, to apprise a person in charge of premises of the contents of the notice and to afford the person a reasonable opportunity to respond to the notice.
A. Service of a notice may be made by:
1. Delivering the notice to the person to be served; or
2. Mailing the notice to the person to be served by first class mail, return receipt requested, postage prepaid, addressed to a person in charge at the address of the premises believed to be a chronic nuisance.
B. A copy of the notice required under BC 5.07.055 of this ordinance shall be posted at the premises if ten days has elapsed from the delivery or mailing of the notice to the person in charge and the person in charge has not responded.
C. Concurrent with the notice required under BC 5.07.055 of this section, the lieutenant or other officer of greater rank shall send a copy of the violation notice to the police chief. Any other documentation which the lieutenant or other officer of greater rank believes supports the closure of the premises and the imposition of civil penalties may be sent as well. The police chief may then request the city attorney to commence civil proceedings in a court of competent jurisdiction seeking such relief as may be deemed appropriate.
D. Failure to comply with provisions of this section relating to the service of notice shall not affect the validity of the notice or the existence of jurisdiction over the parties or subject matter if the court determines that a person in charge of the premises:
1. Had actual knowledge of the substance of the contents of the notice or
2. Deliberately avoided delivery or receipt of the notice. [BC 5.07.060, added by Ordinance No. 4020, 7/20/98]