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(A) A responsible person may contest a notice of abatement by filing a written request for an appeal with the Office of the City Clerk, Alhambra City Hall, 111 South First Street, Alhambra, CA 91801, and paying an appeal fee in an amount set by Council resolution within 10 calendar days after service of the notice of abatement and a failure to exhaust all administrative remedies. The filing of a request for an appeal shall not stay an order to vacate any building or structure issued in accordance with the provisions of this chapter by the building official and/or fire chief, and/or health official.
(B) A written request for an appeal shall contain the following information:
(1) Name, address, and telephone number of each responsible party who is appealing the notice of abatement (hereinafter, “appellant”).
(2) Address and description of real property upon which the City intends to enter and abate a public nuisance.
(3) Date of notice of abatement being appealed.
(4) Specific action or decision being appealed.
(5) Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy.
(6) The signature of at least one appellant.
(C) Failure of the City Clerk to receive a timely appeal and payment of the appeal fee constitutes a waiver of the right to contest a notice of abatement. In this event, the notice of abatement is final and binding.
(D) The provisions of this section only apply to instances where the City has elected to establish the right, but not the obligation, to abate public nuisances with City personnel. In no event does this chapter limit the right of City officials to issue alternative written or oral notices of code violations to responsible persons or to cause the abatement of public nuisances in a different manner, including, without limitation, by court orders arising from the City’s exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights through the court process.
(Ord. 4667, passed 2-9-15)