(a) Any person who is potentially liable for the costs under this chapter may appeal the imposition of liability to the Director of Building and Housing or his or her designee, in the manner described in the Notice.
(b) The appeal shall be taken not later than thirty (30) days from the date of issuance of the Notice. Failure to appeal the Notice or pay the costs imposed within this time period shall constitute a waiver of the right to contest the Notice and shall be considered an admission.
(c) Appeal – Process. The Director shall establish an administrative appeal process for persons to appeal Notices issued under this chapter. The administrative appeal process shall allow the appellant the right to present appellant’s case in person at an administrative hearing, or submit evidence by mail or electronically for an administrative review, including proof of correction of the violations that are the subject of the Notice. The strict rules of evidence applicable to courts of law shall not apply in any administrative hearing or administrative review. The Notice charging the offense shall constitute prima facie evidence that the offense identified in the Notice occurred and that the Responsible Parties to whom the Notice was mailed are liable to the City of Cleveland for the costs imposed by this section. The decision of the Director shall be in writing following the administrative hearing or administrative review.
(d) (1) If the Director finds by a preponderance of evidence that an appellant is liable under this chapter for the costs assessed, then the Director shall deny the appeal and order the appellant to pay the costs identified in the Notice.
(2) If the Director finds by a preponderance of evidence that an appellant is liable under this chapter for the costs assessed but that there are reasons for the commission of the infraction that mitigate the offense or that the violations have been corrected, then the Director shall deny the appeal and order the appellant to pay the costs identified in the Notice, but may in the interest of equity reduce the costs assessed.
(3) If the Director finds by a preponderance of evidence that the appellant is not liable under this chapter for the costs assessed, then the Director shall grant the appeal and dismiss the Notice.
(e) Appeal of the Director’s Decision. Any person subject to an adverse decision of the Director may appeal that decision to the Board of Building Standards and Building Appeals. The notice of appeal shall be in writing and shall be filed with the Board of Building Standards and Building Appeals within thirty (30) days of the decision of the Director. The Board shall approve, modify or annul the finding from which the appeal is taken.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)