A. Notice Of Assessment; Objections: Upon receipt of the statement of costs from the enforcement officer, the finance department shall provide notice to the owner and individual in possession of the property, if different from the owner, as provided for in this chapter of the amounts set forth in the statement plus an additional amount sufficient to defray the costs of the notice and stating that the city proposes to assess against the property and to assess as a personal obligation of the owner and individual in possession of the property the amount set forth in the notice and that objections to the proposed assessment must be made, in writing, and received by the finance department within twenty (20) days from the date notice is deemed given. Upon the expiration of the twenty (20) day period, if no objections have been received by the finance department, the finance department shall enter that amount in the city liens docket which shall constitute a lien against the property. The amount entered as a lien shall constitute a special tax assessed on the property.
B. Administrative Review: If objections of either the property owner or their representative are received by the finance department prior to the expiration of the twenty (20) day period, the finance department shall refer the matter for administrative review.
C. Written Determination: Upon conclusion of administrative review, the enforcement officer shall make a written determination that the amount of the charges shall be canceled, reduced, or remain the same. A copy of this determination shall be furnished to the person making the objections together with a notice of such person's right to appeal to the city council.
D. Lien: If no appeal of a determination by the enforcement officer is filed within the time period allowed, a copy of the determination will be furnished to the finance department who shall then enter a lien in the amount determined in the city liens docket as provided in subsection A of this section.
E. Appeal; Hearing: If a timely appeal is received by the city council, a hearing shall be scheduled and held on the matter. If, after the hearing, the city council determines that the proposed assessment does not comply with subsection G of this section, the city council shall so certify to the finance department and the proposed assessment shall be canceled. If, after the hearing, it is determined that the proposed assessment or any part of it is proper and authorized, the city council shall so certify to the finance department who shall enter a lien in such amount as determined appropriate by the city council, in the lien docket as provided in subsection A of this section.
F. Final Administrative Decision: The determination of the city council is a final administrative decision.
G. Criteria For Reduction Or Cancellation Of Assessment: The enforcement officer, in administrative review, or the city council, on appeal, may reduce or cancel a proposed assessment if it is determined that:
1. Any of the following did not conform to the provisions of this chapter:
a. The notice to remove the nuisance; or
b. The work performed in abating the nuisance; or
c. The computation of charges; or (Ord. 2002-6, 11-4-2002)
2. The owner of the property was eligible for a reduction or cancellation of the lien under subsection J of this section. (Ord. 2002-6, 11-4-2002; amd. 2009 Code)
H. Criteria For Eliminating Civil Penalty: The enforcement officer, in administrative review, or the city council, on appeal, may reduce a proposed assessment by eliminating the civil penalty portion of the invoice if it is determined that:
1. The current owner was not in possession of the property at the time the notice required in section 3-1-8 of this chapter was posted; or
2. The owner did not receive the notice to remove the nuisance, did not have knowledge of the nuisance and could not, with the exercise of reasonable diligence, have had such knowledge.
I. Referral For Review: If, after a lien has been entered in the docket of city liens, there is a written request of an owner who alleges that the owner did not receive notice of the proposed assessment, the finance department shall refer the matter for review pursuant to subsection B of this section.
J. Cancellation Or Reduction Of Lien: The lien may be canceled or reduced by the enforcement officer, in administrative review, or the city council, on appeal, if it is determined that the owner did not receive notice of the proposed assessment, did not previously have knowledge of the lien or of the nuisance abatement work constituting the basis of the lien, could not, in the exercise of reasonable care or diligence, have had such knowledge, and in addition, that the circumstances are such that a reduction or cancellation of the charges would have been appropriate had the matter been reviewed pursuant to this section prior to assessment. Upon receipt of a certification from the city council, pursuant to subsection E of this section, the finance department shall cancel or reduce the lien if required by the determination of the enforcement officer and/or city council. (Ord. 2002-6, 11-4-2002)