The Commission on Citizen Relations will hear appeals under this Chapter.
(c) Hearing of Appeal. In any such appeal, the City must show by a preponderance of the evidence that each violation stated in the notice being appealed has occurred, and that the intent of the City to assess the property for abatement costs is justified. The City shall not have to show that there has been a conviction for a criminal offense to show the existence of a nuisance. The City shall be deemed to have failed to have met this standard if the owner demonstrates by a preponderance of evidence that:
(1) He was not the owner at the time of any of the nuisance activity that is the basis of the notice;
(2) He had knowledge of the nuisance activity, but has promptly and vigorously taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirements of Ohio R.C. §§ 5321.17(C) and 5321.04(A)(9); or
(3) He had no knowledge of the nuisance activity and could not, with reasonable care and diligence, have known of the nuisance activity; and upon receipt of the notice of the declaration of the property as a nuisance property, he promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of Ohio R.C. §§ 5321.17(C) and 5321.04(A)(9).
(d) Any appeal from a decision of the Commission on Citizen Relations shall be made pursuant to Ohio R.C. Chapter 2506.
(Ord. 21-15. Passed 6-25-15.)