It is enacted by the General Assembly as follows
SECTION 1. Section 23-19.2-5 of the General Laws in Chapter 23-19.2 entitled "LOCAL HEALTH REGULATIONS" is hereby amended to read as follows:
{DEL23-19.2-5.Service of notice to remove refuse, solid waste, or filth. DEL}{ADD23-19.2-5. Service of notice to remove refuse, solid waste, overgrowth or filth. --ADD} {ADD(1)ADD} The notice shall be in writing signed by the city or town clerk{DEL,DEL} or designee and served {DELby any sheriff, deputy sheriff, constable, police constable, or town sergeant,DEL} {ADDupon the owner or occupant in accordance with subsection (A) or (B) as follows:ADD} {DELby reading the notice in the presence and hearing of the owner, occupant, or his or her authorized agent, or by leaving a copy of the order personally with or at the last and usual place of abode of the owner, occupant, or agent, if within this state. But if the premises are unoccupied, or the residence of the owner or agent is unknown or without the state, the notice may be served by posting a certified copy of the notice on the premises, and by advertising in one or more newspapers in such manner and for such length of time as the city or town council may direct. DEL}{ADD(A) The notice shall be served upon:ADD}
{ADD(1) an individual by delivering a copy of the notice to him or her personally or by leaving copies thereof at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the notice to an agent authorized by appointment or by law to receive said notice; ADD}
{ADD(2) Upon a person for whom a guardian or conservator has been appointed by serving copies of the notice upon such guardian or conservator;ADD}
{ADD(3) Upon a public or private corporation, domestic or foreign, by delivering a copy of the notice to an officer, a managing or general agent, or by leaving a copy of the notice at the office of the corporation with a person employed therein, or by delivering a copy of the notice to an agent authorized by appointment or by law to receive service of process. ADD}
{ADD(B) Notice shall be served by mailing a copy of the notice to the individual or corporation by regular and registered or certified mail, return receipt requested, or by any other method ordered by the court to give such individual or corporation notice of the action and sufficient time to prepare any defense thereto.ADD}
{ADD(2) If two (2) notices of violation are unanswered, then the municipal court judge has discretion to hold the violator in default for any fine imposed. ADD}
SECTION 2. This act shall take effect upon passage.
