(A) Prior to instituting any action to collect relocation payments from the property owner or to record a special assessment pursuant to this chapter, the building official or designee shall send to the property owner by first-class mail, postage prepaid, at the property owner’s address as shown on the last equalized assessment roll, an itemized accounting of all benefits paid by the city to the property owner’s tenants, and any penalties or costs the city is seeking to recover.
(B) If the property owner contends that not all of the benefits are chargeable to the property owner because the recipients were not displaced tenants, or on other grounds, the property owner shall submit a written appeal to the building official within 20 days after receipt of the itemized accounting. The building official, or designee, shall hold an administrative hearing for the purpose of determining the amount of benefits and any penalties or costs.
(C) The building official’s decision may be appealed to the city manager within ten days of the date of the service of the building official’s written decision. The city manager may appoint a hearing officer in his/her discretion. The city managers or hearing officer’s decision shall be final and conclusive, shall be served no later than five calendar days after the decision is signed, and shall be sent first-class mail, postage prepaid, to the property owner's address as shown on the last equalized assessment roll. The property owner shall pay the charge that was the subject of the appeal within 30 days after the date an adverse decision is mailed to the property owner. The decision shall be appealed pursuant to Cal. Code of Civil Procedure, Section 1094.6, and review of the decision shall be in accordance with Cal. Code of Civil Procedure, Section 1094.5. The decision shall include reference to this section and Cal. Code of Civil Procedure, Section 1094.6.
(D) If the property owner fails to obtain a more favorable decision than that set forth in the itemized accounting, the property owner or designated agent shall be liable to the city for the costs of the administrative hearing and appeal, not to exceed $5,000. The failure to receive the itemized accounting shall not relieve the property owner of any obligation to the city.
(E) Notwithstanding section 14-99(B) of this chapter, if there are fewer than ten days between the first posting and mailing of the order to vacate and the vacation date, and if the city advances relocation benefits to any tenant, no penalty shall be payable by the property owner, if reimbursement is made to the city within 30 days after the date an itemized accounting from the city is mailed, as set forth in this section.
(Ord. No. 2946)