§ 14-341. Manner of serving notice

(a) Notice of orders, notice of continued hearings without a specified date, notice of a statement that public bids are to be let, and notice of claims for payment must be given by:

(1) Sending a copy of the order or statement by registered or certified mail to the residence or place of business or employment of the person to be notified, with return receipt requested;

(2) Delivering a copy of the order or statement personally to the person to be notified; or

(3) Leaving a copy of the order or statement at the dwelling or usual place of abode of the person to be notified and sending by first class mail a copy of the order or statement to the last known address of the person to be notified.

(b) If, after a reasonable effort, service is not obtained by a means described in subsection (a) of this section, service may be made by publishing a notice of the order or statement in accordance with IC 5-3-1 in the county. However, publication may be made on consecutive days. If service of an order is made by publication, the publication must include the information required by section 14-328(b)(1), (2), (4)—(7) and (9), and must also include a statement indicating generally what action is required by the order and that the exact terms of the order may be obtained from the building commissioner.

(c) When service is made by any of the means described in this article, except by mailing or by publication, the person making service must make an affidavit stating that he has made the service, the manner is which service was made, to whom the order or statement was issued, the nature of the order or statement, and the date of service. The affidavit must be placed on file with the building commissioner.

(d) The date when notice of the order or statement is considered given is as follows:

(1) If the order or statement is delivered personally or left at the dwelling or usual place of abode, notice is considered given on the day when the order or statement is delivered to the person or left at his dwelling or usual place of abode.

(2) If the order or statement is mailed, notice is considered given on the date shown on the return receipt or, if no date is shown, on the date when the return receipt is received by the building commissioner.

(3) Notice by publication is considered given on the date of the second day that publication was made.

(e) A person with a property interest in an unsafe premises who does not:

(1) Record an instrument reflecting the interest in the recorder's office of the county where the unsafe premises is located; or

(2) If an instrument reflecting the interest is not recorded, provide to the department (or, in the case of a consolidated city, the enforcement authority) in writing the person's name and address and the location of the unsafe premises;

is considered to consent to reasonable action taken under this article for which notice would be required and relinquish a claim to notice under this article.

(Ord. No. 2002-03, § 15, 9-24-2002)