Section 107.2, Form, is deleted in its entirety and the following provisions shall be substituted therefor:

The notice prescribed in Section 107.1 shall include the following:

1. Description of the real estate sufficient for identification.

2. A statement that includes a description of the conditions and identifies violations of Chapter 8.60.

3. A statement that the property owner must abate the violation by the date designated in the notice.

4. A statement advising that any owner may request an appeal hearing before an Administrative Hearing Officer. The request shall be submitted to the Code Official on or before the date designated in the notice. The scope of the appeal shall be limited to the following: (i) whether the provisions of Chapter 8.60 apply; (ii) whether the Code Official has correctly interpreted Chapter 8.60; and/or (iii) whether the requirements of Chapter 8.60 can be adequately satisfied by other means.

5. A statement that if the violations(s) is not corrected or a hearing requested, the City may impose administrative penalties, abate the violation, and assess the costs against the owner.

6. A statement advising that failure to timely comply with the notice may result in prosecution in Municipal Court regardless whether an administrative hearing is pending.

Section 107.3, Method of Service, is deleted in its entirety and the following provisions shall be substituted therefor:

(a) Method of Service. Notice shall be served in one of the following manners:

1. Personal service; residence service. Delivering the notice to the property owner or leaving the notice at the property owner’s dwelling or usual place of abode with someone of suitable age and discretion who resides there.

2. Personal service; residence service unsuccessful. If personal or residence service cannot be made, service may be effected by: (i) leaving a copy of the notice at the property owner’s dwelling or usual place of abode; and (ii) mailing to the property owner by first-class mail a notice that the copy has been left at the dwelling or usual place of abode.

3. Personal service; legal entity. If the property owner is a legal entity, service may be effected as follows:

(i) serving the notice on an officer, manager, partner or a resident, managing or general agent;

(ii) leaving a copy of the notice at any business office with the person having charge of the office; or

(iii) serving the notice on any agent authorized by appointment or by law to receive service of process.

4. Certified mail, return receipt requested, to the last known address of the property owner as reflected in the records of the County Appraiser.

5. Delivery failure. If the property owner or the property owner’s agent has failed to accept delivery of notice or otherwise failed to effectuate receipt of notice during the preceding twenty-four month period, notice may be provided by other methods, including but not limited to door hangers, conspicuously posting notice on the property, personal notification, telephone communication, electronic communication, or first class mail.

6. In addition to the methods identified in this section, but not in lieu of, the Code Official may provide notice by other methods, including, but not limited to, door hangers, conspicuously posting notice on the property, personal notification, telephone or electronic communication, or first class mail.

7. As authorized by K.S.A. 12-1617f, the Code Official may provide a one-time yearly written notice by mail or personal service to the owner or occupant which will permit subsequent abatement mowings without any additional notice. The notice shall also include a statement that no further notice shall be given prior to cutting or removing vegetation.

(b) Proof of Service. Proof of service of the notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.