As soon as practicable after determining that a proper and complete appeal has been filed, the city clerk or designee shall schedule an appeal hearing before the administrative appeals officer at the earliest reasonable date at least ten calendar days from the date the appeal was filed with the city clerk.
(Ord. 504 § 2, 1999; Ord. 709 § 3, 2012)
As soon as practicable after scheduling the abatement costs report appeal hearing, the city clerk shall prepare a notice of appeals hearing ("hearing notice") which shall be in substantially the same form as follows:
You are hereby notified that a hearing will be held before the Administrative Appeals Officer at _____________ on the _____________ day of _____________, _____________, at the hour of _____________, upon the Abatement Cost Report served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any evidence at the hearing which pertains to the costs of abatement and/or the reasonableness of the abatement performed.
(Ord. 504 § 2, 1999)
At least ten calendar days prior to the date scheduled for the appeal hearing, the city clerk shall cause a copy of the hearing notice to be provided to each appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. The city clerk shall also provide a copy of said hearing notice to the officer or authorized agent who prepared the abatement cost report.
(Ord. 504 § 2, 1999)
Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to a copy of the hearing notice and retained by the officer or authorized agent who prepared the abatement cost report.
(Ord. 504 § 2, 1999)
The issuing officer or authorized agent, or designee, shall prepare an administrative hearing packet for the administrative appeals officer to review prior to the hearing. The packet shall include a copy of the abatement cost report, a staff report and any evidence of the abatement costs. The staff report should include a summary of the code compliance activities performed at the subject property.
(Ord. 504 § 2, 1999; Ord. 776 § 88, 2016)
The administrative appeals officer shall conduct an administrative appeal hearing pursuant to the appeal procedures set forth in this chapter. The administrative appeals officer shall review all evidence, documents, and written testimony submitted at or before the scheduled appeal hearing and shall hear all oral testimony offered at said hearing.
(Ord. 504 § 2, 1999)
Each party appealing the abatement cost report shall have the following rights at the hearing:
A. 
To call and examine witnesses;
B. 
To introduce documentary and physical evidence;
C. 
To cross-examine opposing witnesses;
D. 
To impeach any witness regardless of which party first called the witness to testify;
E. 
To rebut evidence; and
F. 
To be represented by anyone who is lawfully permitted to do so.
(Ord. 504 § 2, 1999)
If appellant fails to attend the scheduled appeals hearing, the hearing will proceed without appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing.
(Ord. 504 § 2, 1999)
At the conclusion of the hearing, the administrative appeals officer shall render its decisions and findings, which may include a decision to ratify the abatement cost report in its entirety, and/or modify the amount of the abatement costs to be recovered and/or modify the terms of payment of the abatement costs. If the appellant is present at the hearing, the decision(s) of the administrative appeals officer shall be final at the conclusion of the hearing. If the appellant is not present at the hearing, the city clerk shall mail notice to the appellant of the administrative appeals officer decision(s) and said decision(s) shall become final at the time said notice is deposited in the mail.
(Ord. 504 § 2, 1999)
The owner of record of the subject property shall pay all costs of abatement no later than thirty calendar days from the date the abatement cost report becomes final pursuant to Section 13.130.065. The amount of the abatement costs for which the owner of record shall be responsible shall be as set forth in the final abatement cost report.
(Ord. 504 § 2, 1999)
If the abatement costs are not paid within thirty calendar days from the date the abatement cost report becomes due pursuant to Section 13.130.070, the abatement costs shall become a special assessment against that parcel, which shall be imposed pursuant to the procedures set forth in Chapter 13.120 and shall be subject to the penalties set forth therein.
(Ord. 504 § 2, 1999)
The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding.
(Ord. 504 § 2, 1999; Ord. 776 § 89, 2016)