(a) Within fifteen (15) days after the service of a notice of public nuisance abatement, the owner may submit an application for an appeal hearing on the question of whether in fact a public nuisance, as defined herein, exists upon the premises. The hearing shall be held within twenty (20) days following the receipt of such application and at least five days (5) notice in writing of the hearing shall be given to the owner or owners.
(b) The hearing shall be conducted as follows:
(1) Such hearing shall be conducted by the Board of Zoning Appeals.
(2) In an appeal pursuant to this Chapter, the Board of Zoning Appeals may vote to: sustain the finding that a public nuisance exists on the property and order that the structure be secured and the premises maintained so as to lessen the severity of the public nuisance; continue the matter for a period not to exceed 45 days for further investigation and disposition; take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter; or
(3) Reverse the finding that a public nuisance exists on the property and dismiss the case.
(c) A copy of the decision of the Board of Zoning Appeals shall be mailed, with certificate of mailing, to the last known address of the owner, or person representing the owner, who demanded the hearing. It shall be the responsibility of the owner, or person representing the owner, or person representing the owner, to keep the secretary of the Board of Zoning Appeals appraised of his/her current mailing address. For the purpose of appeal pursuant to Ohio R.C. Chapter 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision was mailed.
(d) A majority of the members of the Board of Zoning Appeals then present must concur that a public nuisance exists before enforcement is carried out pursuant to this Chapter.
(e) A copy of the decision of the Board of Zoning Appeals shall be promptly served upon the owner or owners in the manner provided under subsection (c) above.
(Ord. 34-17. Effective 12-7-17.)