Elk Grove Municipal Code Art. XVI Abatement Cost Appeals Procedures

As soon as practicable after determining that a proper and complete appeal has been filed, the City Clerk or his or her designee shall schedule an appeal hearing before the Administrative Appeals Officer. Such date shall be not less than ten (10) days from the date the appeal was filed with the City Clerk.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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:

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The City Clerk or his or her designee shall, at least ten (10) days prior to the date scheduled for the appeal hearing, cause a copy of the hearing notice to be provided to each appellant either by causing a copy of said notice to be delivered to each appellant personally or by causing a copy of said notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal. The City Clerk or his or her designee shall also provide a copy of said notice to the issuing inspector or authorized agent.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The issuing inspector or other enforcement officer shall prepare an abatement costs hearing packet for the Administrative Code Enforcement Appeals Officer to review prior to the hearing. The packet shall include a copy of the notice and order, a staff report and any evidence of the violation(s). The staff report should include a written case history, a summary of the different inspections, the status of pending permit applications, a record of conversations or correspondence with the property owner or person otherwise responsible for the violation(s), and recommended corrections and repairs.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The Administrative Appeals Officer established in EGMC Section 1.11.070 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. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 28-2013 § 13, eff. 2-7-2014)

Each party appearing at the hearing shall have the following rights:

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. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

If an appellant fails to attend the scheduled abatement costs appeals hearing, the hearing will proceed without the appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

At the conclusion of the hearing, the Administrative Appeals Officer shall render his 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’s decision(s); and said decision(s) shall become final at the time said notice is deposited in the mail.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The owner of record of the subject property shall pay all costs of abatement no later than thirty (30) days from the date the abatement cost report becomes final pursuant to EGMC Section 16.18.1509. 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. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

If the abatement costs are not paid within thirty (30) days from the date the abatement cost report becomes due pursuant to EGMC Section 16.18.1608, the abatement costs shall become a special assessment against that parcel.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

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.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)