326 - Service of notices, orders and summonses.

§  326.  Service  of  notices,  orders and summonses. 1. Every notice,  order or summons relative to a dwelling shall be served five days before  the time for compliance therewith. The posting of a copy of such notice,  order or summons in a conspicuous place in such dwelling, together  with  the mailing of a copy thereof, within five days of such posting, to each  person  whose  name  has been filed with the department of health or the  department charged with the enforcement of this chapter,  in  accordance  with the provisions of section three hundred twenty-five, at his address  as  therewith  filed,  shall  be  sufficient  service thereof, except as  provided in subdivision three.    2. Except as provided by the provisions of this chapter which are less  restrictive than the provisions of  this  subdivision,  if  any  notice,  order  or summons is directed to any person pursuant to any provision of  this chapter, including the provisions of  subdivision  two  of  section  three  hundred nine, and if the address of such person is not registered  or, in any case for which personal service is provided, if  such  person  cannot  with due diligence be served personally, then such notice, order  or summons may be served by posting a  copy  thereof  in  a  conspicuous  place upon the premises within which a violation is alleged to have been  placed  or a condition complained of is alleged to exist, and by sending  a copy thereof by registered mail, return receipt  requested,  addressed  to such person at his last known address or place of residence.    3.  In  the  case  of  a summons if the address of any agent or lessee  whose name and address have been filed in accordance with the provisions  of section three hundred  twenty-five  is  in  the  city  in  which  the  dwelling is situated, then a copy of the summons shall also be delivered  at  such  address  to  a  person  of  lawful  age,  if  upon  reasonable  application admittance can  be  obtained  and  such  person  found;  and  provided  also  that  personal  service of the summons upon the owner of  such dwelling shall be sufficient service thereof upon him.    4. Notwithstanding any inconsistency with this  section,  in  a  city,  having  a population of one million or more, a local law may provide for  the manner of serving civil process for the  enforcement  of  penalties,  sanctions and remedies provided in such local law.