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(A) The City shall keep an accounting of the abatement costs.
(B) The City shall serve a statement of abatement costs on the responsible persons within 90 calendar days after the City’s completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in Municipal Code 6.26.110.
(C) Unless a timely contest of the statement of abatement costs is filed, a responsible person shall tender the abatement costs in U.S. currency to the City within 30 calendar days after the date of service of the statement of abatement costs.
(D) A responsible person has the right to contest a statement of abatement costs by filing a written request for contest with the Office of the City Clerk, Alhambra City Hall, 111 South First Street, Alhambra, CA 91801, within 10 calendar days after service of the statement of abatement costs.
(1) A written request for contest shall contain the following information:
(a) Name, address, telephone number, and signature of each responsible person who is contesting the statement of abatement costs.
(b) Address and description of the real property upon which the City abated a public nuisance.
(c) Date of the statement of abatement costs being appealed.
(d) Description of the specific abatement cost(s) being contested, and a statement of the grounds for contest in sufficient detail to enable the City Council to understand the nature of the controversy.
(2) No fee shall be due for the filing of a request for contest of the statement of abatement costs.
(E) Failure of the City Clerk to receive a timely appeal request for contest constitutes a waiver of the right to contest a statement of abatement costs. In this event, the statement of abatement costs is final and binding, and the City may proceed to collect its abatement costs as contained in a final statement of abatement costs in any manner allowed by law.
(F) If a timely request for contest is received by the City Clerk, a hearing shall be set before the hearing officer no later than 60 calendar days, and no sooner than 10 calendar days, after receipt of the request for contest. A notice of the date, time and location of the hearing shall be served on all responsible persons who contested the statement of abatement costs by first class mail to the address(es) stated on the request form at least 10 calendar days prior to the hearing. Failure of a person requesting a contest to receive a properly addressed notice shall not invalidate any action or proceeding by the City pursuant to this chapter.
(G) Any request by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than five business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause or on his or her own motion; however, in no event may the hearing be continued for more than 60 calendar days without stipulation by all parties.
(H) At the time and place fixed for receiving and considering the request to contest the statement of abatement costs, the hearing officer shall hear and pass upon the evidence submitted by City personnel, together with any objections or protests raised by responsible persons liable for said costs. Testimony and evidence shall be limited to issues related to the abatement costs, and no person shall be permitted to present evidence or testimony challenging the existence of a public nuisance or the manner of abatement as described in the notice of abatement. Thereupon, the hearing officer may make such revision, connection or modification to the statement as he or she may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time.
(I) Notwithstanding any provisions of this code to the contrary, the decision of the hearing officer is final and binding.
(J) The City Clerk shall cause a confirmed statement of abatement costs to be served upon all persons who contested the original statement by first class mail to the address(es) stated on the request form. The City Clerk shall cause a confirmed statement of abatement costs to be served on the owner of the property on which City personnel abated a public nuisance by first class mail to the address shown on the last equalized assessment roll (irrespective of whether the owner contested the statement of abatement costs). This document shall also contain the following statement:
The determination of the City Manager or designee is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.6 et seq.
(K) Failure of a person to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the City pursuant to this chapter.
(L) A responsible person shall tender the abatement costs in U.S. currency to the City within 30 calendar days after the date of service of the confirmed statement of abatement costs. The City may thereafter proceed to collect its abatement costs as contained in the confirmed statement of abatement costs in any manner allowed by law.
(Ord. 4667, passed 2-9-15)