22.02.060 Service of Notice of Civil Violation and Order to Revoke Permit.
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A. Service. The city official shall cause the notice of civil violation and order or order to revoke permit to be served upon the person to whom it is directed, either personally, by mailing a copy of it to the person’s last known address, or by conspicuously affixing or posting it on the building, structure, premises, personal property, or land upon or within which the violation has occurred or is occurring. If cumulative penalties are sought, service by posting may only be done if the person to whom the notice of civil violation and order or order to revoke permit is directed cannot be personally served within Clark County and if an address for mailed service cannot be ascertained by reference to public records.
1. If the person(s) responsible for the violation(s) is the owner of real property, but does not live at the site of the violation, and if the personal address of the person(s) responsible for the violation(s) is unknown, the city official may serve the notice of civil violation and order by mailing it to the billing address for the subject property that is on file in the Clark County Assessor’s Office.
B. Additional Persons to be served. If known or disclosed from the county assessor’s office, one copy of the notice of civil violation and order or order to revoke permit may be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record or any lease of record or the holder of any other estate or legal interest of record in any building, structure, land, personal property or premises on which a violation has occurred or is occurring.
C. Failure to effect service. The failure of the city official to effect service on any person required or permitted to be served according to VMC 22.02.060(B) shall not invalidate any proceeding under this title as to any other person duly served or relieve any such person from any duty or obligation imposed by this title.
D. Service requirements for nuisance vehicles. A notice of civil violation and order concerning a nuisance vehicle must be served upon:
1. The nuisance vehicle’s last registered and legal owner of record, unless the nuisance vehicle is in such a condition that identification numbers are not available to determine ownership; and
2. The property owner of record upon which the nuisance vehicle is located.
E. Service by posting. If the person to whom the notice of civil violation and order or order to revoke permit is directed is served by posting it shall be treated in the same manner as service by mailing.
F. Proof of service. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting service, declaring the time and date of service, and the manner by which service was made. Additionally, if served by posting and cumulative penalties are sought, the declaration shall include, the facts showing the efforts used in attempting to serve the person personally or by mail. (Ord. M-3944 §1, 2009; Ord. M-3857 §7, 2007)