Wherever the Ontario Municipal Code provides for collection of a citation, fee, fine, penalty, or reimbursement of costs by special assessment as allowed by Cal. Gov’t Code § 38773.5, § 53069.4, or § 54988, notice and hearing shall be as specified in this section.
(a) Notice. The notice of assessment shall be served, by certified mail, to the property owner, if the property owner’s identity can be determined from the County Assessor’s or County Recorder’s records. The notice of assessment shall specify that the property may be sold after three or more years by the tax collector for unpaid delinquent assessments, in accordance with state law or San Bernardino county ordinance. The notice of assessment shall also provide that the person receiving the notice is entitled to request a hearing to contest the assessment as provided in § 1-4.05(b), so long as such request is received by the Code Enforcement Director within thirty (30) days after mailing the notice of assessment.
(b) Hearing. Upon request by any person or entity entitled to notice pursuant to § 1-4.05(a) and if received by the Code Enforcement Director within thirty (30) days after mailing the notice of assessment, the City Manager or his or her designee shall hold a hearing, which shall be open to the public. The City Manager or his or her designee shall hear and consider objections and/or protests to the assessment itself or the amount of the assessment. The City Manager or his or her designee shall hear and receive all relevant evidence and testimony relative to the assessment of costs, fees, fines, or penalties. This hearing may be continued from time to time. Upon or after the conclusion of the hearing, the City Manager or his or her designee shall, based upon the evidence presented at the hearing, determine whether all or part of the abatement costs, fees, fines, or penalties shall be assessed against the affected parcel. The decision of the City Manager or his or her designee shall be provided either at the hearing or in writing to the person or entity requesting the appeal at the address provided in the request for appeal and shall be final. Any further appeals shall be in accord with Cal. Code of Civil Proc. §§ 1094.5 or 1094.6, and/or Cal. Gov’t Code § 53069.4, as applicable.
(c) Resolution and assessment. If the City Manager or his or her designee determines that the property should be assessed, and the amount to be assessed has not been paid within thirty (30) days of the final decision, the City Council may approve the amount of the special assessment, as determined by the City Manager or his or her designee, by resolution, and cause the same to be recorded on the assessment roll. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and 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 be applicable to the special assessment. Notices or instruments relating to the abatement proceeding or special assessment may be recorded with the County Recorder.
(§ 2, Ord. 2920, eff. May 20, 2010)