§ 158-240. Service.

(a)

Where public notice is permitted or required by this article, by other ordinances, by statute, or by the home rule charter, such public notice shall be given in the manner prescribed by applicable law in the official journal of the council.

(b)

Whenever the council or its agents are required by this article, by other ordinances, by statute, or by the home rule charter to give notice other than by publication, the clerk of council shall mail the same, by certified and registered mail, to the last known place of address of the person entitled to receive such notice. Any party shown to have received actual and timely notice of a matter through any of the above methods shall not be permitted to rely upon lack of service as a defense in or as grounds for continuance of any proceeding.

(c)

A copy of any protest, reply, answer, motion or other pleading or document or other filing filed by any party in any proceeding subsequent to the institution thereof shall be mailed or otherwise delivered by the party filing the same to every other known party of record, and if the filing constitutes a first appearance shall be accompanied by a statement of cause for interest in the proceeding and, to the degree possible, the names of witnesses to be called for a public hearing, and the anticipated time of that party's presentation. If any party has appeared in the proceeding by attorney or other representative authorized under this article to make appearances, service shall be made upon such attorney or other representative. The willful failure of any party to make such service shall be sufficient grounds for the entry of an order by the council, striking the protest, reply, answer, motion or other pleading or document or other filing from the record.

(d)

A certificate by the party, attorney or representative who files a pleading, document or other filing stating that it has been served on the other parties, shall be prima facie evidence of such service. The following form of certificate will be deemed sufficient in this connection:

I hereby certify that I have this _____ day of ___________, 19/20___, served the required number of copies of the foregoing pleading upon all other known parties of this proceeding, by (here state the manner of service).

_____ Signature

 

(Code 1956, § 52-105)