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NS-2282
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Last modified
1/3/2012 1:02:26 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2282
Date
4/15/1996
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ORDINANCE NS-2282 <br /> <br />recovery of the expense of abatement, in any case where abatement <br />by the responsible party or parties is prompt and complete. <br /> <br /> (b) With regard to any premises as to which a notice to abate <br />has been given pursuant to sections 17-103 and 17-104, the director <br />and the city attorney shall keep an accounting of the expense of <br />abatement incurred by the planning and building agency and the city <br />attorney's office in implementing this article. Such expenses <br />shall begin to accrue at the time the enforcement officer first <br />expends time in determining that the conditions constituting the <br />nuisance exist on the premises and shall continue until abatement <br />of the nuisance is completed. The expense of abatement shall be <br />assessed at the conclusion of the abatement; provided, however, in <br />the case of an abatement which takes more than six months, the <br />expense of abatement may be assessed at any time after six months, <br />but in no event more than two times a year. The director shall <br />maintain a report detailing the expense of abatement for each <br />assessment. The director is authorized to invoice the responsible <br />party or parties for the expense of abatement. <br /> <br />Sec. 17-108. Hearing on expense of abatement. <br /> <br /> (a) Any responsible party or parties to whom an invoice for <br />the expense of abatement has been sent pursuant to section 17-107 <br />may request a hearing on the expense of abatement and the invoice <br />shall include a statement that the responsible party or parties may <br />request such a hearing. Any such request shall be in writing and <br />shall be mailed or delivered to the director within fourteen (14) <br />days of the date of the notice. In the absence of any request for <br />hearing, the amount of the expense of abatement as set forth in the <br />invoice shall be conclusive as to the time period covered by the <br />invoice. Upon receipt of such request, the director shall arrange <br />for a hearing officer to hear and determine the matter and shall <br />set the date, time and place for the hearing, which shall not be <br />less than ten (10) nor more than forty-five (45) days after the <br />director's receipt of the request for the hearing. The hearing <br />officer may continue a hearing at his or her discretion for good <br />cause. <br /> <br />(b) At the hearing the responsible party or parties shall be <br />entitled to present evidence to the hearing officer that the <br />assessment of the expense of abatement is incorrect. The hearing <br />officer shall hear and pass upon the report of the director <br />together with any objections or protests raised by any responsible <br />party or parties. Upon conclusion of the hearing, or within a <br />reasonable time thereafter, the hearing officer shall confirm the <br />report of the director and the amount of the expense of abatement <br />or make such revision, correction or modification to the report of <br />the director and the assessment of the expense of abatement as he <br />or she may deem just. The right to a hearing herein provided <br />shall be the final city administrative remedy on the issue of the <br />amount of the expense of abatement, and the conclusions of the <br /> <br /> <br />
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