Chapter 19.120
SERVICE OF DOCUMENTS

Sections:

19.120.010    Service of written notice.

19.120.010 Service of written notice.

(1) Methods of Service. Service of notices and orders, warnings, stop work orders, infractions, orders, rulings, decisions and any other document (collectively “document”) issued by the code enforcement officer shall be made by one or more of the following methods:

(a) By personal service to the person responsible for the code violation or by leaving a copy of the document at such person’s place of residence with a person of suitable age and discretion who resides there.

(b) By posting the document in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for in this subsection.

(c) By mailing two copies of the document, postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the code violation at his, her or its last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer’s address as shown on the tax records of the county shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the document was placed in the mail.

(d) For notice and orders only, when the address of the person responsible for the code violation cannot reasonably be determined, service may be made by publication once in the city’s official newspaper.

(2) Service Not Invalidated. The failure of the code enforcement officer to make or attempt service of written notice shall not invalidate any proceedings as to any other person duly served.

(3) Service – When Complete. If service is accomplished by personal service, service shall be deemed complete immediately. If service is accomplished by mail, service shall be deemed complete upon the third day following which the document is placed in the mail, unless the third day falls on a Saturday, Sunday, or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day. If service is accomplished by posting, service shall be deemed complete upon the fourteenth day following the day upon which the document is posted. If service is accomplished by publication, service shall be deemed complete upon the final publication of the document as set forth in RCW 4.28.110.

(4) Proof of Service – Due Diligence. Proof of service shall be made by written affidavit or declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service and the manner by which service was made. If service was made solely by posting or publication, the proof of service shall include a statement as to what steps were used in attempting to serve personally and by mail the person at whom service of the document is directed. If service was made by posting, a photograph of the posting may be taken and retained by the city as documentation.

(5) Additional Proof of Service Not Necessary. No additional proof of service beyond the requirements in this chapter shall be required by the hearing examiner or other entity. Any failure of the person to whom a document is directed to observe a document served by posting or publication shall not invalidate service made in compliance with this section, nor shall it invalidate the document. (Ord. 1005 § 2 (Exh. A), 2021).