(A) The city shall keep an accounting of the costs, fees and expenses (collectively hereafter, the “costs”) of abating a public nuisance.
(B) The city shall serve a statement of abatement costs on the responsible persons within 20 calendar days of the city’s completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in § 8.12.090 of this chapter.
(C) A responsible person shall tender the costs in U.S. currency to the city within ten calendar days of the date of service of the statement of abatement costs. Alternatively, a responsible person may contest the statement in the manner provided for in division (D).
(D) A responsible person has the right to contest a statement of abatement costs by filing a written request for an appeal with the City Clerk’s office located at 415 S. Ivy Ave., Monrovia, CA 91016 within ten calendar days of service of the statement of abatement costs.
(1) A written request for an appeal shall contain the following information:
(a) Name, address, and telephone number of each responsible party who is appealing the statement of abatement costs (hereinafter, “appellant”).
(b) Address and description of real property upon which the city abated a public nuisance.
(c) Date of statement of abatement costs being appealed.
(d) Specific action or decision being appealed.
(e) Grounds for appeal in sufficient detail to enable the City Council to understand the nature of the controversy.
(f) The signature of at least one appellant.
(g) No fee shall be due for the filing of an appeal.
(h) Failure of the City Clerk to receive a timely appeal 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.
(E) The city may proceed to collect its costs as contained in a final Statement of Abatement Costs in any manner allowed by law.
(F) If a timely appeal is received by the City Clerk, a hearing shall be set before the City Council no later than 45 days, and no sooner than ten days, of any request for an appeal. 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 appeal form at least ten calendar days prior to the hearing. Failure of a person to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter.
(G) At the time and place fixed for receiving and considering the statement of abatement costs, the City Council 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. Thereupon, the City Council may make such revision, correction or modification to the statement as it 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 for good cause.
(H) The decision of the City Council is final.
(I) The City Clerk shall cause a confirmed statement of abatement costs to be served upon all appellants who contested the original statement by first class mail to the address(es) stated on the appeal form. This document shall also contain the following statement: “Judicial review of the City Council’s decision is subject to the provisions and time limits set forth in Cal. Code of Civil Procedure §§ 1094.5 and 1094.6.”
(J) Failure of an appellant to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this Chapter.
(K) A responsible person shall tender the costs in U.S. currency to the city within ten calendar days of the date of service of the confirmed statement of abatement costs. The city may thereafter proceed to collect its costs as contained in the confirmed statement of abatement costs in any manner allowed by law.
(Ord. 2007-20 § 2 (part), 2007)