(a) Upon receipt of the statement of costs from the Building Enforcement Agency, the City shall mail to the owner of the property upon which the building nuisance has been abated notice requesting payment and of the amounts set forth in the statement plus an additional amount sufficient to defray the costs of the notice and the charges and penalties provided by Section 1105.10 stating that the City proposes to assess against the property the amount set forth in the notice and that payment or objections to the proposed assessment must be made in writing and received by the City within twenty (20) days from the date of mailing such notice. Upon the expiration of the twenty (20) day period, if no objections have been received by the City, the City shall enter that amount in the County liens docket which shall therefore constitute a lien against the property.
(b) If objections of either the property owner or their representative are received by
the City prior to the expiration of the twenty (20) day period, the matter shall be referred to the Building Enforcement Agency for administrative review.
(c) Upon conclusion of administrative review, the Building Enforcement Agency shall make a written determination within seven (7) calendar days of the objection filed, as to whether 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 City Council. Such appeal must be by written demand within seven (7) calendar days after receipt of the determination of the Building Enforcement Agency. The hearing shall be on the question of whether the proposed assessment should be canceled, reduced, or remain the same. The hearing shall be held within fifteen (15) calendar days following receipt by the City of the written demand and at least two (2) days' notice of the hearing shall be given to the individual who made the written demand for the hearing.
(d) If no appeal of a determination by the Building Enforcement Agency is filed within the time period allowed, a copy of the determination will be furnished to the City Clerk who shall then enter a lien in the amount determined by the Building Enforcement Agency in the County liens docket as provided in subsection (a).
(e) 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 City Clerk who shall enter a lien in such amount as determined appropriate by the City Council, in the lien docket as provided in subsection (a).
(f) With respect to assessments, the determination of the City Council upon appeal is a final administrative decision and is not further appealable.
(g) (1) The Building Enforcement Agency, in administrative review, or the City Council, on appeal, may reduce or cancel a proposed assessment if it is determined that:
B. Any of the following did not conform to the provisions of this article:
1. The notice to remove the nuisance; or
2. The work performed in abating the nuisance; or
3. The computation of charges; or
(2) The Building Enforcement Agency, 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:
A. The current owner was not in possession of the property at the time the notice required in Section 1105.03 was served or posted; or
B. 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.
(h) If, after a lien has been entered in the docket of County liens, there is a written request of an owner who alleges that the owner did not receive notice of the proposed assessment, the City Clerk shall refer the matter for review pursuant to subsection (b) and (c), notwithstanding the time period therein was not met. The following may occur upon such review:
(1) The lien may be canceled or reduced by the Building Enforcement Agency, 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 Building Enforcement Agency (or City Council if there is an appeal), the City Clerk shall cancel or reduce the lien if required by the determination of the Building Enforcement Agency or City Council.
(i) In the alternative, the City may institute a civil action in a court of competent jurisdiction against the property owner or other responsible party for all costs incurred by the City with respect to the abatement and reasonable attorney fees and court costs incurred in the prosecution of the action. (Ord. 9-7-10)