A. Service by Certified Mail – Return Receipt Requested shall be equal to personal service. Any correction notice, notice of violation, notice of hearing, or other code enforcement document shall be deemed legally served upon a party by use of Certified Mail – Return Receipt Requested as described in subsection (B)(2) below, unless another method of service is expressly required in a particular subsection of this Chapter; provided, at the discretion of the Code Enforcement Officer, the Code Enforcement Officer may personally serve documents or cause documents to be personally served upon a party.
B. Methods of service defined. For purposes of this Chapter, the methods of service of any documents related to code enforcement, such as correction notices, notices of violation, stop work orders, etc. (hereinafter “document”), are defined as follows:
1. “Personal Service” Personal service shall mean handing the document to the person subject to the document or leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or leaving it at his or her office or place of employment with a person in charge thereof. Personal service shall also be deemed complete when the Hearing Examiner or his or her assistant hands any order, ruling, decision, or other document to a person prior to, during, or after a hearing.
2. “Mailing” Service by mail shall mean sending the document by Certified Mail – Return Receipt Requested to the last known address of the person subject to the document. The last known address shall be an address provided to the City by the person to whom the document is directed; if an address has not been provided to the City, the last known address shall be any of the following as they appear at the time the document is mailed: the address of the property where the violation is occurring, as reflected on the most recent equalized tax assessment roll of the County Assessor or the taxpayer address appearing for the property on the official property tax information website for Snohomish County; the address appearing in any database used for the payment of utilities for the property at which the violations are occurring; or the address of the person to whom the documents are being sent that appears in the Washington State Department of Licensing database. Where service of the notice of violation is by mail, service shall be deemed complete upon return of receipt requested.
3. “Posting” Posting shall mean affixing a copy of the document in a conspicuous place on the property, with at least one (1) copy of such document placed at an entryway to the property or structure if an entryway exists.
C. 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, the manner by which service was made, and if service was made solely by posting or publication, facts showing that due diligence was used in attempting to locate a mailing address for the person at whom the notice of violation is directed.
D. Additional proof of service not necessary. The Hearing Examiner shall not require additional proof of service beyond the requirements in this Chapter.