3.20.130 Procedure for special assessment.
   (a)   Notice of special assessment. Within thirty days after the filing of the report referred to in Section 3.20.120(b), the city clerk shall fix a time and place for hearing and passing upon the report. Notice of the hearing shall be given to the owner via certified mail, return receipt requested, pursuant to Government Code Section 38773.5(c), not less than ten days prior to time fixed by the city clerk for the hearing. The notice shall contain a description of the property sufficient to enable the persons served to identify it, and a copy of the report prepared pursuant to Section 3.20.120, and shall specify the day, hour, and place when the city council will hear and pass upon the report and special assessment, together with any objections or protests which may be raised by any person liable for the costs of such abatement; and that if a special assessment is imposed, the property may be sold after three years by the tax collector for unpaid delinquent assessments.
   (b)   Protests. Any interested person, including the owner, occupant and/or responsible party, may file a written protest with the city clerk at any time prior to the time set for the hearing on the report of the code enforcement officer. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The city clerk shall endorse on every such protest the date and time of filing, and shall present such protest to the planning commission at the time set for hearing.
   (c)   Hearing. Upon the day and hour fixed for the hearing, the city council shall consider the report of the code enforcement officer, together with any protests which have been filed with the city clerk. The city council may make such revisions, corrections, or modifications to the report as it may deem just. When the city council is satisfied with the correctness of the report, as submitted, or as revised, corrected, or modified, the report and special assessment shall be confirmed by a resolution. The decision of the city council on the report and on all protests is final and conclusive. The city council may continue the hearing from time to time as it deems necessary.
   (d)   Making the special assessment. Immediately upon the determination of costs pursuant to this section by the planning commission, the commission shall make said costs a special assessment against the property on which the nuisance was abated.
   (e)   Notice of assessment. The director of finance shall execute and file in the office of the Los Angeles county recorder and shall send a copy via certified mail to the owner a certificate which contains the following information:
      (1)   The amount of the special assessment;
      (2)   That the special assessment is being imposed by the city;
      (3)   The street address, legal description and assessor's parcel number of the parcel on which the special assessment is imposed;
      (4)   The name and address of the record owner of the parcel; and
      (5)   That the property may be sold after three years by the tax collector for unpaid delinquent assessments.
   (f)   Assessment book. After recording, the finance director shall deliver the notice of assessment to the Los Angeles county auditor-controller, who shall enter the amount on the county assessment book opposite the description of the particular property, and the amount shall be collected together with all other taxes against the property.
   (g)   Collection. The amount set forth in the notice of assessment shall thereafter be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of city taxes shall apply to the assessment.
   (h)   Refunds. The city council may order a refund of all or part of the assessment paid pursuant to this chapter if it finds that all or part of the assessment was erroneously made. An assessment or part thereof shall not be refunded unless a claim is filed with the city clerk within six months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person.
(Ord. 887 § 1(part), 2009; Ord. 790 §§ 7 (part), 10, 11, 1999; Ord. 718 § 1 (part), 1994)