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A. The failure of a property owner to receive notice, as provided for in sections 18.5.1.050 and

18.5.1.060, shall not invalidate such proceedings if the City can demonstrate by affidavit that such notice was mailed. The failure to receive notice shall not invalidate the decision after the action is final if a good faith attempt was made to notify all persons entitled to receive notice.

B. Noticing Error.

1. A noticing error shall be corrected as provided in subsection 18.5.1.090.B.2, below, whenever it is demonstrated to the Staff Advisor that:

a. The City did not comply with the notice requirements in sections 18.5.1.050 and 18.5.1.060;

b. Such error adversely affected and prejudiced a person’s substantial rights; and

c. Such person notified the Staff Advisor within 21 days of when the person knew or should have known of the decision.

2. The Staff Advisor shall schedule a public hearing for the next regular meeting according to the applicable procedural requirements in sections 18.5.1.050 and 18.5.1.060. The City shall notify by mail all persons who previously appeared in the matter and all persons who were entitled to mailed notice. The record of the previous decision shall be reviewed and considered by the hearing authority. A decision made after the hearing shall supersede the previous decision.

3. Notwithstanding the period specified in subsection 18.5.1.090.B.1, above, the period for a hearing shall not exceed three years after the date of the initial decision.

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