543.05 APPEALS.

   (a)    An owner may appeal:

      (1)    The determination of the City Manager that a property, premises, or unit is a Chronic Nuisance;

      (2)    The plan adopted by the City Manager,

      (3)    The amount of the bill for enforcement activity related to Chronic Nuisance Activities at the property, premises, or unit; or,

      (4)    A civil penalty imposed pursuant to Section 543.04(b).

   (b)   To appeal, an owner must file a written appeal with the office of City Manager within thirty (30) days:

      (1)    From the date of the notification issued pursuant to Section 543.03(c);

      (2)    From the date the bill for enforcement activity related to Chronic Nuisance Activities at the property, premises, or unit; or,

      (3)    From the date the civil penalty is imposed.

   (c)    The written appeal must set forth:

      (1)    The complete name, address, and telephone number of the petitioner;

      (2)    The address of the property, premises, or unit that has been designated a Chronic Nuisance; and

      (3)    A brief statement of the grounds for the appeal.

   (d)    An owner that files an appeal pursuant to Section 543.05(b) shall be granted a hearing on the appeal before the Nuisance Appeals Board established under Hamilton Municipal Code Section 1905.25 (hereinafter “Nuisance Appeals Board”) no later than thirty (30) days after receipt of the appeal.

   (e)    At such hearing, the owner shall be given an opportunity to be heard and show cause why:

      (1)    The determination that the property, premises, or unit is a Chronic Nuisance should be reversed;

      (2)    The amount of the bill for enforcement related to Chronic Nuisance Activities at the property, premises, or unit should be modified; or,

      (3)    Civil penalty issued pursuant to Section 543.04(b) should be revoked.

   (f)    The failure of the owner or his or her representative to appear and state his case at such hearing shall have the same effect as if no appeal had been filed.

   (g)    After a hearing, the Nuisance Appeals Board shall sustain, modify, or withdraw the matter before the hearing officer on the appeal. The Nuisance Appeals Board shall issue their findings and decision, in writing, within ten (10) business days to owner and the City Manager. The findings and decision of the Nuisance Appeals Board shall constitute a final order to the owner.

(Ord. 2021-5-36. Passed 5-26-21; Ord. 2022-9-78. Passed 9-14-22.)