9.32.190 - Establishment of costs of abatement.

(a)

The city shall keep an accounting of the abatement costs.

(b)

The city shall serve a statement of abatement costs on the responsible persons within twenty calendar days of the city's completion of nuisance abatement actions. Service of this statement shall be made in the manner provided for in Section 9.32.090 of this chapter.

(c)

Unless a timely contest of the statement of abatement costs is filed, a responsible person shall tender the abatement costs in U.S. currency to the city within thirty calendar days of the date of service of the statement of abatement costs.

(d)

A responsible person has the right to contest a statement of abatement costs by filing a written request for contest with the city clerk's office (located at 2535 Commerce Way, Commerce, California 90040) within ten calendar days of service of the statement of abatement costs.

(1)

A written request for contest shall contain the following information:

(A)

Name, address, telephone number, and signature of each responsible party who is contesting the statement of abatement costs;

(B)

Address and description of real property upon which the city abated a public nuisance;

(C)

Date of the statement of abatement costs being appealed;

(D)

Description of the specific abatement cost being contested, and a statement of the grounds for contest in sufficient detail to enable the city council to understand the nature of the controversy.

(2)

No fee shall be due for the filing of a request for contest.

(e)

Failure of the city clerk to receive a timely request for contest 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. And the city may proceed to collect its abatement costs as contained in a final statement of abatement costs in any manner allowed by law.

(f)

If a timely request for contest is received by the city clerk, a hearing shall be set before the city council no later than sixty calendar days, and no sooner than ten calendar days, of receipt. A notice of the date, time and location of the hearing shall be served on all responsible parties who contested the statement of abatement costs by first class mail to the address(es) stated on the request form at least ten calendar days prior to the hearing. Failure of a person requesting a contest to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter.

(g)

Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than five business days before the date scheduled for the hearing. The city council may continue a hearing for good cause, however, in no event may the hearing be continued for more than forty-five calendar days without stipulation by all parties.

(h)

At the time and place fixed for receiving and considering the request to contest 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.

(i)

The decision of the city council is final.

(j)

The city clerk shall cause a confirmed statement of abatement costs to be served upon all persons who contested the original statement by first class mail to the address(es) stated on the request 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 California Code of Civil Procedure Sections 1094.5 et seq."

(k)

Failure of a person who contested the statement of abatement costs, or any other responsible person, to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this chapter.

(l)

A responsible person shall tender the abatement costs in U.S. currency to the city within thirty calendar days of the date of service of the confirmed statement of abatement costs. The city may thereafter proceed to collect its abatement costs as contained in the confirmed statement of abatement costs in any manner allowed by law.

(Ord. No. 622, § 1, 9-29-2009)