SEC. 7-250. DECISION.

   (A)   Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the property owner a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall also provide a copy of the decision to the city manager.

   (B)   The hearing officer may uphold the notice to abate a nuisance, modify the abatement requirements contained in the notice to abate a nuisance, or invalidate the notice to abate a nuisance.

   (C)   The decision of the hearing officer is a final administrative decision and is not subject to reconsideration or administrative appeal.

(Ord. No. 2572)

SEC. 7-251. JUDICIAL ACTION.

   The property owner may seek judicial review of the decision of the hearing officer in accordance with of the Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(Ord. No. 2572)

SEC. 7-252. ABATEMENT BY CITY.

   If the property owner does not request a hearing of a notice to abate a nuisance, or if a hearing is requested and the hearing officer upholds the notice or modified the abatement requirements contained in the notice, and the nuisance is not abated as and when required by the notice or the hearing officer's decision, the city manager shall abate the nuisance by taking the action required in the notice or in the hearing officer's decision, by imposing fines as set out in the notice or in the hearing officer's decision, by seeking a court order to prohibit the grandfathered establishment from continuing to sell alcoholic beverages, or by taking any other action available to the city.

(Ord. No. 2572)

SEC. 7-253. COST OF ABATEMENT BY CITY.

   (A)   The costs of abatement of a nuisance, including the payment of any fines imposed in the notice to abate a nuisance or the decision of a hearing officer, including notice costs, and any costs of the hearing not paid by the property owner, shall be paid by the property owner and shall be collectible by the city as a civil debt.

   (B)   Attorneys' fees may be recovered by the prevailing party in an action by the city to abate a nuisance or recover the costs of abatement; provided, however, attorneys' fees may be recovered by the property owner against the city only if the city elects, at the initiation of the action, to seek recovery of the city's attorneys' fees against the property owner.

(Ord. No. 2572)

SEC. 7-254. COST OF ABATEMENT AS LIEN.

   The cost of abatement, including notice costs and any costs of the hearing not paid by the property owner, shall be a lien against the property on which the nuisance is maintained, as well as a personal obligation of the owner of the property.

(Ord. No. 2572)

SEC. 7-255. COST REPORT.

   The city manager shall prepare a nuisance abatement cost report containing the following information:

   (A)   A description of the property on which the nuisance exists;

   (B)   The name and address of the property owner, and the name and address of the person creating, causing, committing, maintaining or allowing the nuisance, if such person is not the property owner;

   (C)   The date the notice to abate a nuisance was mailed to the property owner;

   (D)   The date of hearing, if any, and the decision of the hearing officer;

   (E)   Any costs of the hearing not paid by the property owner;

   (F)   The costs of abatement, including notice costs.

(Ord. No. 2572)