(a) The owner of a nuisance property who receives a declaration notice may appeal such notice by submitting to the Safety Director within 30 days of the date of the declaration notice a written request that the declaration notice be rescinded. The Safety Director or his or her designee shall deny the request to rescind if he or she determines that a preponderance of the evidence shows that each nuisance activity stated in the declaration notice has occurred, and that the declaration of the property as a nuisance property is justified. If a nuisance activity has been evidenced by a criminal conviction, then it shall be per se proof that the nuisance activity has occurred.
(b) The declaration of the property as a nuisance property shall not be justified if the owner demonstrates by a preponderance of evidence that:
(1) He or she was not the owner at the time of any nuisance activity that is a basis of the declaration notice; or
(2) He or she had knowledge of the nuisance activity, but has promptly and vigorously taken all actions necessary to abate each nuisance activity including, without limitation, compliance with the requirements of Ohio R.C. 5321.04(A)(9) and 5321.17(C); or
(3) He or she 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 notice, he or she promptly took all actions necessary to abate the nuisance including without limitation, compliance with the requirements of Ohio R.C. 5321.04(A)(9) and 5321.17(C).
(c) The failure of the Safety Director or his or her designee to rescind the declaration notice or deny the request to rescind within 20 days after receipt of the request to rescind shall constitute a denial of the request to rescind the declaration notice. Any such appeal shall not stay any action by the City to abate any nuisance activity.
(Ord. 54-2015, passed 4-13-15.)