§ 36-7-9-25 — Manner of serving notice

(a) Notice of orders, notice of continued
hearings without a specified date, notice of a statement that public bids
are to be let, and notice of claims for payment must be given by:
(1) sending a copy of the order or statement by registered or
certified mail to the residence or place of business or employment
of the person to be notified, with return receipt requested;
(2) delivering a copy of the order or statement personally to the
person to be notified;
(3) leaving a copy of the order or statement at the dwelling or
usual place of abode of the person to be notified and sending by
first class mail a copy of the order or statement to the last known
address of the person to be notified; or
(4) sending a copy of the order or statement by first class mail to
the last known address of the person to be notified.
If a notice described in subdivision (1) is returned undelivered, a copy
of the order or statement must be given in accordance with subdivision
(2), (3), or (4).
(b) If service is not obtained by a means described in subsection (a)
and the hearing authority concludes that a reasonable effort has been
made to obtain service, service may be made by publishing a notice of
the order or statement in accordance with IC 5-3-1 in the county where
the unsafe premises are located. However, publication must be made
two (2) times, at least one (1) week apart:
(1) with each publication of notice in a newspaper in accordance
with IC 5-3-1 in the county where the unsafe premises are
located; or
(2) with the first publication of notice in a newspaper described
in subdivision (1) and the second publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the county where the unsafe
premises are located.
The second publication must be made at least three (3) days before an
event described in subsection (a). If service of an order is made by
publication, the publication must include the information required by
section 5(b)(1), 5(b)(2), 5(b)(4), 5(b)(5), 5(b)(6), 5(b)(7), and 5(b)(9)
of this chapter, and must also include a statement indicating generally
what action is required by the order and that the exact terms of the
order may be obtained from the enforcement authority. The hearing
authority may make a determination about whether a reasonable effort
has been made to obtain service by the means described in subsection
(a) on the basis of information provided by the department (or, in the
case of a consolidated city, the enforcement authority). The hearing
authority is not required to make the determination at a hearing. The
hearing authority must make the determination in writing.
(c) When service is made by any of the means described in this
section, except by mailing or by publication, the person making service
must make an affidavit stating that the person has made the service, the
manner in which service was made, to whom the order or statement
was issued, the nature of the order or statement, and the date of service.
The affidavit must be placed on file with the enforcement authority.
(d) The date when notice of the order or statement is considered
given is as follows:
(1) If the order or statement is delivered personally or left at the
dwelling or usual place of abode, notice is considered given on
the day when the order or statement is delivered to the person or
left at the person's dwelling or usual place of abode.
(2) If the order or statement is mailed, notice is considered given
on the date shown on the return receipt, or, if no date is shown, on
the date when the return receipt is received by the enforcement
authority.
(3) Notice by publication is considered given on the date of the
second day that publication was made.
(e) A person with a property interest in an unsafe premises who does
not:
(1) record an instrument reflecting the interest in the recorder's
office of the county where the unsafe premises is located; or
(2) if an instrument reflecting the interest is not recorded, provide
to the department (or, in the case of a consolidated city, the
enforcement authority) in writing the person's name and address
and the location of the unsafe premises;
is considered to consent to reasonable action taken under this chapter
for which notice would be required and relinquish a claim to notice
under this chapter.
(f) The department (or, in the case of a consolidated city, the
enforcement authority) may, for the sake of administrative
convenience, publish notice under subsection (b) at the same time
notice is attempted under subsection (a). If published notice is given as
described in subsection (b), the hearing authority shall subsequently
make a determination about whether a reasonable effort has been made
to obtain service by the means described in subsection (a).
[Pre-Local Government Recodification Citation:
18-5-5.5-22.]
As added by Acts 1981, P.L.309, SEC.28. Amended by Acts
1981, P.L.45, SEC.27; P.L.59-1986, SEC.15; P.L.169-2006, SEC.69;
P.L.194-2007, SEC.12; P.L.164-2019, SEC.7; P.L.152-2021,
SEC.40.