1781.05 APPEALS.

      (a)    Any person that receives a citation issued according to Section 1781.04 may request and shall be granted a hearing of the matter before the Nuisance Appeals Board provided that such person files in the office of the Director of Health a written petition requesting such hearing and setting forth:

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

            (2)    The date and description of the alleged violation; and

            (3)    A brief statement of the grounds for such hearing.

   (b)   The petition shall be filed within five (5) calendar days after the day a notice of violation is received. If the fifth day is a holiday or weekend, then the written appeal will be accepted on the next business day.

   (c)    Upon receipt of such a petition, the Director of Health shall schedule a hearing to take place before the Nuisance Appeals Board no later than thirty (30) days after receipt of the petition, and shall give the petitioner written notice thereof.

      (d)    At such hearing, the City shall bear the burden to prove, by a preponderance of the evidence, that the petitioner violated Section 1781.02. The petitioner shall have the opportunity to refute the City's evidence and/or to show cause why the violation should be modified or withdrawn.

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

   (f)    After a hearing, the Nuisance Appeals Board shall, by majority vote, sustain, modify, or withdraw any item appearing on the notice of violation. The Nuisance Appeals Board shall issue its findings and decision, in writing, within ten (10) business days to petitioner and the Director of Health. With respect to all items appearing on the notice of violation that are not withdrawn pursuant to the vote of the Nuisance Appeals Board, the findings and decision of the Nuisance Appeals Board shall constitute a final order to petitioner.

   (g)    The proceedings at such hearings shall be summarized and reduced to writing and entered as a matter of public record in the Department of Health, along with the findings and decision of the Nuisance Appeals Board.

   (h)    Such record shall also include a copy of every violation issued in connection with the matter. (Ord. 2022-4-26. Passed 4-13-22.)