Legal Topics

Municipal corporations — Code enforcement — Due process.

Nov 08th, 2024 in by admin

Municipal corporations — Code enforcement — Due process — Notice — Postal service tracking webpage was insufficient to demonstrate that notice of violation and notice of hearing were sent via certified mail to address listed in tax collector’s office where webpage did not list full address, suggested that whatever was sent was delivered to original sender, and listed incorrect zip code — Even if tracking webpage were somehow sufficient to establish statutory notice of violation, there would still be no record evidence that alleged violator received notice of hearing, and there is no evidence that either notice of violation or notice of hearing was hand-delivered or left at violator’s usual place of residence with person over age 15 — Posting of notices on violating property is in addition to, and not a substitute for, other required forms of notice — Order of special master upholding violation is quashed.