§ 6-45. Service of notice.

All service of notice to implement provisions of this article shall as be required by the Standard Unsafe Building Abatement Code, latest edition, and as set forth as follows:

(a)

Notices shall be provided to the owner or occupant by:

(1)

Certified mail, return receipt requested, provided if such notice is sent under this article to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subsection 6-45(b)(2) of this article, and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing;

(2)

Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the city commission;

(3)

Leaving the notice at the owner or occupant'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 commercial premises, leaving the notice with the manager or other person in charge.

(b)

In addition to providing notice as set forth in subsection 6-45(a) of this article, at the option of the city commission, notice of any public hearing required by this article may also be served 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 Brevard County, Florida. 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 and 50.051, Florida Statutes.

(2)

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 (1) of which shall be the property that is subject to abatement and at the Cocoa Beach City Hall. 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 6-45(a) of this article.

Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection 6-45(a) of this article together with proof of publication or posting as provided in subsection 6-45(b) of this article, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the owner(s) and/or occupant(s) actually received such notice.

(Ord. No. 394, § 1, 4-27-1972; Ord. No. 1323, § 2, 12-6-2001)