§ 2-139. Notices.

(a)

All notices required by this division must be provided to the alleged violator by:

(1)

Certified mail, return receipt requested, to the last known address of violator. The town may also provide an additional notice to any other address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation;

(2)

Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the town;

(3)

Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or

(4)

In the case of commercial premises, leaving the notice with the manager or other person in charge.

(b)

If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, and none of the other methods of notification are successful, notice may be provided by either publication or posting as follows:

(1)

Such notice may be published once in a newspaper of general circulation in the county at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice. The newspaper shall meet such requirements as are prescribed under F.S. § 50.011 et seq., for legal and official advertisements. Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051.

(2)

Such notice may be posted at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist, and the other of which shall be in the town hall. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.

(3)

Notice by publication or posting may run concurrently with, or may follow, an attempt to provide notice by hand delivery or by mail as required under subsection (b)(1) of this section.

(c)

Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (b)(1) of this section, together with proof of publication or posting as provided in subsection (b)(2) of this section, shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice.

(Code 1999, § 2-151; Ord. No. 94-47, § 11, 6-28-1994; Ord. No. 2000-04, § 1, 3-28-2000; Ord. No. 2014-19, § 1(2-151), 10-14-2014)

State law reference

Similar provisions, F.S. § 162.12.