(A) Appeal rights. The owner shall have the right to appeal the imposition of the registration fees to the Code Enforcement Officer upon filing an application in writing to that Department no later than 15 calendar days after the date of the billing statement. On appeal, the owner shall bear the burden of providing satisfactory objective proof of occupancy as defined in this subchapter specifically.
(B) One-time waiver of registration fee. A one-time waiver of the registration fee, or an extension of a waiver for up to 90 days from the date of the current billing statement, may be granted by the Code Enforcement Officer or his or her designee upon application of the owner and upon review and advice of the Building Inspector; if the owner:
(1) Demonstrates with satisfactory proof to the Code Enforcement Officer or his or her designee that he or she is in the process of demolition, rehabilitation or other substantial repair of the vacant building;
(2) Objectively demonstrates to the Code Enforcement Officer or his or her designee a reasonable anticipated length of time for the demolition, rehabilitation or other substantial repair of the vacant building;
(3) Provides satisfactory proof to the Code Enforcement Officer or his or her designee that he or she was actively attempting to sell or lease the property during the vacancy period; or
(4) Provides satisfactory proof to the Code Enforcement Officer, to be evaluated on a case-by-case basis, that the vacancy is temporary and may be due to illness of the owner, active military service, or some other reasonable explanation believed to be short term in nature and documentable as necessary.
(C) Within 30 days, or as soon thereafter as possible, after the waiver application is received, the Code Enforcement Officer or his or her designee shall grant or deny the waiver, or request for extension, in writing, and dispatch the written decision by mail to the owner. If the owner properly submitted an application for a one-time waiver or request for extension to the Code Enforcement Officer or his or her designee, and the Code Enforcement Officer or his or her designee rendered a decision which the owner seeks to appeal to the Council, the owner must file an application in writing no later than 30 calendar days from the date of the Code Enforcement Officer or his or her designee’s decision. Council shall either grant or deny the appeal. Thereafter, the decision of Council is final unless within 30 days of such decision the owner appeals for injunctive relief to the Circuit Court of the county.
(Ord. 131, passed 9-1-2011; Ord. 213, passed 6-16-2016)