(A) The city shall keep an accounting of all abatement costs.
(B) The city shall serve a statement of abatement costs on the responsible persons within 60 calendar days of the city's completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in section 11.20.070.
(C) Unless a timely contest of the statement of abatement costs is filed, a responsible person shall tender the abatement costs to the city within 45 calendar days of 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 City Clerk's office within 15 calendar days of service of the statement of abatement costs.
(1) A written request to 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 costs 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.
(E) Failure of the City Clerk to receive a timely appeal request to contest the abatement costs 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 upon the City Council's confirmation, 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 to contest is received by the City Clerk, a hearing shall be set before the City Council thereof no later than 60 calendar days, and no sooner than 10 calendar days of receipt of the request to 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 addresses stated on the request form at least ten calendar days prior to the hearing.
(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 City Council may continue a hearing for good cause or on his/her own motion; however, in no event may the hearing be continued for more 60 calendar days without written 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 City Council shall hear and consider the evidence submitted by the City, 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 City Council may make such revision, correction or modification to the statement as it deems 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 at the discretion of the City Council.
(I) Notwithstanding any provisions of the code to the contrary, the decision of the City Council is final, conclusive, 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 addresses 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 the city abated a public nuisance in the same manner as in section 11.20.070 (irrespective of whether the owner contested the statement of abatement costs). This document shall also contain the following statement:
"The determination of the City Council is final and binding. Judicial review of the this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure sections 1094.6 et seq."
(K) A responsible person shall tender the abatement costs to the city within 45 calendar days of the date of service of the confirmed statement of abatement costs. If unpaid for more than 45 days, the city may proceed to collect its abatement costs as contained in the confirmed statement of abatement costs in any manner allowed by law.
(Ord. 2018-254, passed 12-5-2018)