Broward County |
Code of Ordinances |
Chapter 27. POLLUTION CONTROL |
Article I. NATURAL RESOURCE PROTECTION |
Division 4. ADJUDICATORY PROCEDURE, LIABILITY AND REMEDIES |
§ 27-39. Service of notices of violation and citations.
(a)
Upon receiving evidence that a violation of any of the provisions of this chapter has occurred, the county shall cause to be served upon the alleged responsible party a citation or a notice of violation to give notice of hearing to assess a civil penalty, as follows:
(1)
Certified mail, return receipt requested;
(2)
Hand delivery by the sheriff or other law enforcement officer, an NREO, a person designated by the director 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)
Leaving the notice at the violator's place of business with the manager or other person in charge.
(b)
Should the county be unable to obtain service using any one (1) of the methods found in subsection (a) of this section, then notice may be provided by publication or posting, as follows:
(1)
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 Broward County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes for legal and official advertisements. Proof of publication shall be made as provided in sections 50.041, 50.051, Florida Statutes.
(2)
In lieu of publication as described in paragraph (1), notice shall be posted for at least ten (10) days at the designated space for posting at the Broward County Courthouse or the main Broward County Governmental Center. In addition, if the violation is for an activity which took place on a particular parcel of property, such notice shall also be posted at the property upon which the violation is alleged to exist. 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).
(4)
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 responsible party actually received such notice.
(c)
If service was perfected upon an individual or business organization, all subsequent process or service shall be sufficient if mailed by regular mail to such individual or business organization at the address where service was originally perfected.
(Ord. No. 2003-34, § 1, 9-23-03)