Public Law 86–46

That the first paragraph of subsection (a) of section 3 of the Act entitled “An Act relating to the levying and collecting of taxes and assessments, and for other purposes”, approved June 25, 1938 (52 Stat. 1199; sec. 47–1103, D.C. Code. 1951 edition), is amended to read as follows:

“Sec. 3.

(a)(a)

(1)(1)

When any special assessment for a public improvement, with the exception of assessments levied in condemnation proceedings, is levied by the District of Columbia upon any lot or parcel of land, notice of the levying of such assessment shall be served upon the record owner thereof in the manner herein provided, and if there be more than one record owner of such lot or parcel of land notice served on one of the owners shall be sufficient. Such notice shall be deemed to have been served when served by any of the following methods: (a) when forwarded to the last known address of the owner as recorded in the real estate assessment records of the District of Columbia by registered or certified mail, with return receipt, and such receipt shall constitute prima facie evidence of service upon such owner if such receipt is signed either by the owner or by a person of suitable age and discretion located at such address: Provided, That valid service upon the owner shall be deemed effected under this clause (a) if such notice shall be refused by the owner and not delivered for that reason; or (b) when delivered to the person to be notified; or (c) when left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein; or (d) if no such residence or place of business can be found in the District of Columbia by diligent search, then if left with any person of suitable age and discretion employed at the office of any agent of the person to be notified, which agent has any authority or duty with reference to the land or tenement to which said notice relates; or (e) if any such notice forwarded by registered or certified mail be returned for reasons other than refusal, or if personal service of such notice cannot be effected, then if published on three consecutive days in a daily newspaper published in the District of Columbia; or (f) if by reason of an outstanding unrecorded transfer of title the name of the owner cannot, by diligent search, be ascertained, then if served on the owner of record in a manner hereinbefore provided. Any notice to a corporation shall, for the purposes of this Act, be deemed to have been served on such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in a manner hereinbefore provided for the service of notices on natural persons holding property in their own right; and notices to a foreign corporation shall, for the purposes of this Act, be deemed to have been served if served personally on any agent of such corporation, or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual place of business of such agent in the District of Columbia. The cost of publication, if any, shall be paid out of the general revenues of the District. The notice herein provided for shall be in lieu of any and all other notice now required by law.

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“(2)“(2)

In case such notice is served by any method other than personal service, a copy of such notice shall also be sent to the owner by ordinary mail.”

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Sec. 2.

The amendments made by the first section of this Act shall

Applicability.

apply to all special assessments for public improvements (other than assessments in condemnation proceedings) notice of which has not been served prior to the approval of this Act.

Sec. 3.

The second paragraph of subsection (a) of section 3 of the

Repeal.

Act entitled “An Act relating to the levying and collecting of taxes and assessments, and for other purposes”, approved June 25, 1938 (sec. 47–1103, D.C. Code, 1951 edition), is hereby repealed.