(a) Upon the imposition of a repeat nuisance service fee, the Nuisance Abatement Board shall inform the interested party of his or her right to a hearing on the alleged repeat nuisance service or the amount of the fee. The interested party upon whom the fee is imposed and wishing to appeal the Board’s decision shall request a hearing by serving upon the Board a written request for hearing within ten days of receipt of the notice of repeat nuisance service fee and invoice. The hearing shall be heard by the Board at its next scheduled meeting or within thirty days of the date of the interested party’s request for hearing as determined by the Board Chairperson.
The interested party shall receive written notice of the hearing. The hearing shall be conducted in an informal manner and the Ohio Rules of Civil Procedure shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests transcription. After considering all evidence submitted, the Nuisance Abatement Board shall make written findings on the issue of whether any of the Departments responded to or rendered services for nuisance events on two or more occasions within a 180 day period, whether the City responded to or rendered a repeat nuisance service within one year of the first nuisance event, whether the City provided notice of the nuisance events or repeat nuisance services in accordance with Sections 138.06 and 138.08, whether the repeat nuisance service occurred thirty days after notice of the second nuisance event, whether the nuisance was abated or a plan to abate the nuisance was completed or initiated pursuant to Section 138.07, whether imposition of the repeat nuisance service fee is reasonable, and the amount of the nuisance service fee to be imposed. The findings shall be served upon the interested party by regular U.S. Mail within seven days of the hearing.
(b) An interested party’s right to a hearing shall be deemed waived if the interested party fails to serve a written request for hearing as required herein or fails to appear at the scheduled hearing date. Upon waiver of the right to hearing, or upon the Nuisance Abatement Board’s findings that the repeat nuisance call service fee is properly imposed, the interested party shall have thirty days to pay the repeat nuisance service fee. Delinquent payments shall be subject to a ten percent (10%) late penalty of the amount due. A repeat nuisance service fee may be collected by assessment against the property as defined through the Ross County Auditor to be assessed as a lien on the real property in accordance with law or by any other available legal remedy.
(Ord. 118-06. Passed 11-13-06.)