(A) In the event a citation is issued for a chronic nuisance property, the person in charge shall have those rights and shall otherwise be subject to the procedures and provisions set forth in Chapter 41 this code. If the Code Enforcement Board determines that the property is a chronic nuisance property, then it shall issue such fine and/or take such other action consistent with the provisions of Chapter 41 of this code.
(B) In addition, whenever the Code Enforcement Board determines that a chronic nuisance exists, the Board shall forward such determination to the Mayor of the city.
(1) The Mayor shall send or deliver notice of this determination to the current owner listed with the Property Valuation Administrator or to the address where the offense(s) occurred. The notice shall notify the owner or person in charge that the Mayor intends to take action concerning the possible suspension or revocation of the occupational license. The notice shall likewise indicate that the owner or person in charge may request a show cause hearing before the Mayor. The request shall be in writing and shall be delivered to the City Clerk within seven days of the receipt of the notice and the hearing shall be scheduled not sooner than seven days after the receipt of the request.
(2) At the show cause hearing, the owner or person in charge may present evidence, under oath, as to why the occupational license should not be suspended or revoked. The hearing shall not be governed by the Rules of Evidence or the Rules of Civil Procedure. The Mayor shall receive only relevant and material evidence. All evidence received shall be given such weight as the Mayor deems it is entitled after consideration of any objections that may be made. The Mayor shall receive the evidence that a reasonable mind might accept as adequate to support a conclusion.
(3) The hearing shall be recorded. A request for a copy of the recording of the hearing must be made in writing. The requesting party must pay a reasonable fee for the recording as determined by the City Clerk’s office. The Mayor has no obligation to preserve recordings beyond 30 days of the hearing date.
(4) The burden shall be upon the owner or person in charge to prove, beyond a preponderance of the evidence, that the occupational license should not be suspended or revoked. The city or its representative may also be represented and may present evidence, under oath, as to why the occupational license should be suspended or revoked. The existence of nuisance activities shall be conclusively determined as a consequence of the finding of the Code Enforcement Board and shall not be in dispute.
(5) Factors the Mayor may consider in a determination as to whether to suspend or revoke an occupational license include the following: the frequency of nuisance activities, the duration the nuisance activities have occurred, the impact on the surrounding community and residents from the nuisance activities, good faith efforts by the owner and person in charge to end any nuisance activities, past and present compliance with any agreed abatement plan(s), cooperation with the city and its officials regarding the existence and attempted abatement of any nuisance activities, and any other factors deemed appropriate in aggravation or mitigation by the Mayor.
(6) The Mayor shall enter findings of fact, conclusions of law and an order determining that no action should occur with respect to the occupational license, that the occupational license should be suspended, or that the occupational license should be revoked. Any action taken by the Mayor may be appealed within 30 days to the Kenton County Circuit Court, and the appeal shall be based on the record before the Mayor and subject to an abuse of discretion standard.
(Ord. 2010-03, passed 8- 23-10; Am. Ord. 2011-14, passed 8-16-11)