§ 2-70. Notices.  


Latest version.
  • (a)

    All notices required by this article shall be provided to the alleged violator by:

    (1)

    Certified mail to the address listed in the tax collector's office for tax notices, or to any other address provided by the property owner in writing to the local government for the purpose of receiving notices. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within thirty (30) days after the date of mailing, notice may be provided by posting as described below;

    (2)

    Hand delivery by the sheriff or other law enforcement officer, code officer, or other person designated by the local governing body;

    (3)

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

    (4)

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

    (b)

    In addition to providing notice as set forth in subsection (a), at the option of the special magistrate, notice may also be served by publication or posting, as follows:

    (1)

    a.

    Such notice shall be published once during each week for four (4) consecutive weeks (four (4) publications being sufficient) in a newspaper of general circulation in Palm Beach County. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50, for legal and official advertisements.

    b.

    Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051.

    (2)

    a.

    In lieu of publication as described above, such notice may be posted at least ten (10) days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two (2) locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be city hall.

    b.

    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 or attempts to provide notice by hand delivery or by mail as required under subsection (a).

    (c)

    Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or posting as provided in subsection (b), 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.

(Ord. No. 87-29, § 1, 10-5-87; Ord. No. 89-34, § 1, 11-20-89; Ord. No. 93-26, § 1, 10-5-93; Ord. No. 95-33, § 1, 12-28-95; Ord. No. 96-30, § 1, 10-15-96; Ord. No. 99-13, § 1, 5-4-99; Ord. No. 2003-37, § 1, 10-21-03; Ord. No. 2006-07, § 1, 3-7-06; Ord. No. 2013-06, § 9, 1-8-13; Ord. No. 2013-26, § 13, 5-21-13)