§ 1-506. PUBLIC HEARING TO CONFIRM COSTS.

Before the city may collect costs or penalties under the procedures provided for liens or special assessments under this article, the costs or penalties must be confirmed by an administrative hearing officer in a public hearing under the procedures and requirements found in this section.

(a)

Report. The enforcing department shall prepare and file a report with the City Clerk that includes a description of the abatement and or enforcement action taken by the city; a statement as to whether the monies to be collected are abatement costs, enforcement costs, or penalties; a statement as to whether the monies are to be collected as a lien or as a special assessment under this article; the itemized and total account of the costs or penalties; and a description of the subject property. Once the report is filed, the City Clerk shall deliver the report to the administrative hearing officer and set a date and time when the administrative hearing officer shall pass upon the report. Any such report may include costs or penalties on any number of properties, whether or not contiguous to each other.

(b)

Notice. Notice of the public hearing shall be provided to all noticed parties by the enforcing department at least fifteen days before the hearing is scheduled. The Notice shall contain a description of the subject property sufficient to enable the person(s) served to identify it; shall state that the city intends to collect unpaid costs or penalties by placing a lien or a special assessment on the subject property; shall specify the day, hour and place where the administrative hearing officer will hear and pass upon the report and any objections or protests that have been submitted to the City Clerk; shall specify that the property may, in some cases, be sold after three years by the tax collector for unpaid delinquent assessments or be subject to judicial foreclosure before the three years; shall specify that if they intend to protest the amount of the costs they may file a written protest with the City Clerk at least twenty-four hours before the time set for the hearing on the report. Notice shall also be published by the City Clerk at least one time, at least fifteen days before the date set for the hearing, in a daily newspaper published and circulated in the city.

(c)

Protests. Any interested person wanting to protest the amount of the costs must file a written protest with the City Clerk. The protest may be filed at any time up until twenty-four hours before the time set for the hearing on the report. Each such protest shall contain a description of the property as provided in the Notice of the Public Hearing. The City Clerk shall deliver the protests to the administrative hearing officer.

(d)

Hearing. At the date and time fixed for the hearing to pass on the report and confirm the costs or penalties for a lien or special assessment by the administrative hearing officer, the administrative hearing officer shall consider the report of the enforcing department, together with any filed protests. The scope of review of the hearing shall be limited to the amount of the costs or penalties when there has already been an opportunity for a hearing for the underlying violation. The administrative hearing officer may make such revisions, corrections or modifications in the report as may be just and reasonable, provided that the hearing officer may only reduce the city's actual costs upon a showing that the costs were unnecessary or unreasonable. The administrative hearing officer may adjourn the hearing from time to time. Upon the close of the hearing, the administrative hearing officer shall have confirmed the original, revised, corrected or modified report or have set the matter for an additional hearing. Any decision by the Hearing Officer on the report and protests shall be final.

(e)

Administrative Hearing Officer. Public hearings under this section shall be conducted by an administrative hearing officer selected in accordance with the Administrative Hearing Ordinance in Chapter 1, Article 4.

(f)

Prior Hearing. There is no right to a public hearing if the costs have already been confirmed by a court of competent jurisdiction. There is no right to a public hearing to confirm penalties under this section if they have been previously upheld in a hearing under Chapter 1, Article 4. In such a case, the Hearing Officer shall confirm the costs and or penalties for a lien or special assessment based upon adequate proof presented by city staff of the previous judgment and or hearing decision.

(g)

Contest of Confirmed Special Assessment or Lien. The validity of any lien or special assessment levied under the provisions of this article shall not be contested in any action or proceeding unless such action or proceeding is commenced within thirty days after the lien or special assessment is confirmed by the administrative hearing officer in a final decision.

(Added Ord. 2002-51, § 23, eff. 10-31-02; Am. Ord. 2005-14, § 21, eff. 4-9-05; Am. Ord. 2007-55, § 4, eff. 9-4-07).