(a) The hearing for an appeal of a standard notice of violation shall occur not less than ten calendar days nor more than sixty calendar days after the City Administrator’s receipt of the notice of appeal. The hearing for the review of a demolition notice of violation shall occur on the date specified in the demolition notice of violation.
(b) The hearing before the NAB shall be an evidentiary hearing and shall be open to the public. At all hearings conducted pursuant to this section, any party may be represented by legal counsel. The rules of evidence utilized by courts shall not be applicable in hearings before the NAB. The NAB is empowered to subpoena witnesses and take testimony under oath.
(c) Aside from representatives or agents of the City with knowledge of the alleged public nuisance, only individuals to whom a standard notice of violation or a demolition notice of violation have been addressed, or their attorneys, have the right to participate in an appeal or review before the NAB. The NAB, however, may, within its discretion, hear from other witnesses with knowledge of alleged nuisance, such as owners or occupants of adjacent or neighboring properties.
(d) Within thirty calendar days after the evidentiary hearing, the NAB shall issue a written decision containing findings of fact and a conclusion as to whether the decision of the City Administrator or designee, or the Fire Chief, as set forth in a notice of violation shall be affirmed, reversed, or otherwise modified in whole or in part. All decisions by the NAB shall be in writing. The decision may authorize action by the City Administrator or designee, on behalf of the City, to abate the nuisance, including through demolition. Action by the City Administrator or designee shall be through such legal or administrative channels as are deemed most appropriate or through use of either City or private labor to abate the nuisance, including through demolition.
(e) A copy of the NAB’s decision shall be mailed via certified mail and via regular U.S. Mail, to the last known address of the owner or interested party who participated in the hearing. It shall be the responsibility of every owner and interested party to keep the NAB apprised of his or her current mailing address. For purposes of appeal pursuant to Chapter 2506 of the Ohio Revised Code, the final decision will be deemed to have been entered on the date that the NAB’s decision is mailed.
(f) If the NAB affirms the findings in a demolition notice of violation, no demolition by the City shall take place sooner than thirty calendar days after the date of the NAB’s decision.
(Ord. 7935. Passed 8-8-17.)