Title 36, Chapter 74, Section 12
( 36-74-12)
(a) All notices required by this chapter shall be provided to the
alleged violator by certified mail or statutory overnight delivery,
return receipt requested; by hand delivery by the sheriff or other
law enforcement officer, code inspector, or other person designated
by the local governing body; or by leaving the notice at the
violator's usual place of residence with any person residing therein
who is above 15 years of age and informing such person of the
contents of the notice. (b) In addition to providing notice as set forth in subsection (a)
of this Code section, at the option of the code enforcement board,
notice may also be served by publication or posting, as follows: (1) Notice may be published once during each week for four
consecutive weeks (four publications being sufficient) in the
newspaper in which the sheriff's advertisements are printed in the
county where the code enforcement board is located. Proof of
publication shall be made by affidavit of a duly authorized
representative of the newspaper; (2) If there is no newspaper of general circulation in the county
where the code enforcement board is located, three copies of such
notice shall be posted for at least 28 days in three different and
conspicuous places in such county, one of which shall be at the
front door of the courthouse in said county. 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; or (3) Notice by publication or posting may run concurrently with, or
may follow, an attempt or attempts to provide notice by hand
delivery, mail, or statutory overnight delivery as required under
subsection (a) of this Code section. Evidence that an attempt has
been made to deliver notice by hand, mail, or statutory overnight
delivery as provided in subsection (a) of this Code section,
together with proof of publication or posting as provided in this
subsection, shall be sufficient to show that the notice
requirements of this Code section have been met, without regard to
whether or not the alleged violator actually received such notice. |