(A) An owner of a building determined by the Building Commissioner to be a vacant building may appeal that determination to the Village Administrative Hearing Officer. Such appeal shall be in writing and shall be filed with the Village Administrative Hearing Officer within 15 calendar days of the date of the mailing of the notice of determination. The filing of an appeal stays the owner’s obligation to register his or her building as required by § 161.06. The appeal shall contain the following information: 1) a complete statement of the reasons the owner disputes the Building Commissioner’s determination; 2) specific facts in support thereof; and 3) all evidence the owner relies upon to support the appeal. The Village Administrative Hearing Officer at the next regularly convened session of the Crestwood administrative adjudication hearing session shall decide the appeal on the basis of facts presented by the owner in his or her written appeal and the Building Commissioner’s written determination.
(B) The burden is upon the owner to present sufficient evidence to persuade the Village Administrative Hearing Officer that if the evidence had been known to the Building Commissioner at the time the Building Commissioner made the determination, the Building Commissioner would more likely than not have determined that the subject building was not a vacant building.
(C) The Village Administrative Hearing Officer shall deliver its written decision to the owner or the representative at the hearing or within ten business days of its receipt of the appeal. The Village Administrative Hearing Officer may, but is not required to, seek additional information from the owner. The Village Administrative Hearing Officer may, upon written notice thereof to the owner, take ten additional business days to decide the appeal if it determines that such additional time is required for consideration of the appeal.
(D) An owner who wishes to challenge applicability of this chapter to his or her building without the Building Commissioner’s determination having been made, shall set forth specific facts to support the non-applicability in writing to the Building Commissioner. In the event the Building Commissioner determines that the subject building is a vacant building, the owner shall have the right to appeal the Building Commissioner’s determination to the Village Administrative Hearing Officer, as provided for herein.
(Ord. 2215, passed 3-5-2015)