(A) There is hereby created a Board of Nuisance Abatement which shall consist of the Director of Public Safety or his or her designee, the Chairperson of the Public Safety Committee of City Council or his or her designee, and three members of the community at large, appointed by the Mayor and subject to the approval of Council. The members of the community at large shall serve for three years and until a successor is appointed and qualified. Members shall serve without compensation.
(B) The Board of Nuisance Abatement shall hear any appeals referred from the Chief of Police as set forth in § 674.02(D) above.
(C) 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 declaration of the property as a nuisance property or of the intent of the city to assess the property for abatement costs, whichever is applicable, 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 or she was not the owner at the time of any of the nuisance activity that is the basis of the 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 including, without limitation, compliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9);
(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 of the property as a nuisance property, he or she 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); and/or
(d) Any appeal from a decision of the Board of Nuisance Abatement shall be made pursuant to Ohio R.C. Ch. 2506.
(Ord. 189-2005, passed 12-19-2005; Ord. 84-2006, passed 5-22-2006)