§ 10-50. Assessment; appeal of assessment.

(a)

Assessment, lien, foreclosure. Within 15 days of public expenditure to abate the unfit dwelling, the person shall be served with a notice of assessment, in the manner that is prescribed in this division. The notice of assessment shall include the administrative fee and a statement of public cost, attested to by affidavit, and shall be issued and served in the same manner as the original complaint, on the person responsible who shall make payment within 30 days of the date of service. Upon the expiration of the 30-day period, if the amount has not been paid in full or contested before the manager as provided herein, the manager may shall refer the matter to the city attorney. A lien resulting from public expenditures to abate an unfit dwelling, may be collected in like manner as tax lien, by way of foreclosure instituted by the city attorney on behalf of the city.

(b)

Appeal of assessment. When served with the notice of assessment, the owner or parties in interest may make a written demand to the manager for a hearing to review the cost of the abatement. This appeal stays the action for foreclosure of the lien until such time as the matter is heard and decided by the manager, or his designee. The appeal of the assessment must be received by the manager within 15 business days of the date of the notice. The written demand shall include a contact number, either phone or facsimile in order for the person to be informed of the hearing location, date and time. The decision of the manager is final, and shall be delivered orally and in writing to the appellant on the date of the hearing. Failure to timely appeal the assessment constitutes a waiver of the right to appeal the assessment of costs. The manager shall have discretion to waive the administrative fee or the public cost of abating a nuisance, in whole or in part, if, in the course of the hearing reviewing the decision, the manager finds that justice and equity require such waiver or that any of the following did not conform to the provisions of this article:

(1)

The complaint to repair or demolish;

(2)

The order to repair or demolish;

(3)

The cost or computation of the work done in abatement.

(Ord. No. 2013-8, 1-22-13)