1905.26 HEARING.

    (a)    The owner, lienholder, or other responsible person named on any notice of violation which has been issued in connection with the enforcement of any provisions of the Housing or Property Maintenance Codes may request and shall be granted a hearing on the matter before the Nuisance Appeals Board, provided that such person files in the office of the Executive Director of External Services and/or his or her designee 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 or for the mitigation of any item appearing on any notice of violation issued under the provisions of the Housing or Property Maintenance Codes.

   (b)    The petition shall be filed within five (5) days after the day a notice of violation is received.

   (c)    Upon receipt of such a petition, the Executive Director of External Services and/or his or her designee shall schedule a hearing to take place before the Nuisance Appeals Board at the next monthly meeting for the Board. If said petition is filed within ten (10) days of the scheduled meeting it shall be heard the following month.

   (d)   At such hearing, the Executive Director of External Services shall present testimony concerning why the notice of violation was issued. The petitioner shall be given an opportunity to present evidence.

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

   (f)    After hearing the evidence of all parties, the Nuisance Appeals Board shall determine, based upon a preponderance of the evidence heard, whether to sustain, modify, or withdraw any item appearing on the notice of violation or citation. Said decision will be served on the parties by the Secretary of the Board within five (5) business days of the hearing. With respect to all items appearing on the notice of violation or citation that are not withdrawn, the findings and decision of the Nuisance Appeals Board shall constitute a final order to the petitioner as to such items and the remedial action ordered in the notice of violation which will effect compliance with the provisions of the Housing or Property Maintenance Codes.

   (g)    For any appeal hearing conducted by the Nuisance Appeal Board pursuant to Section 1967.08, the hearing shall be scheduled at the next monthly meeting for the Board. If said appeal is filed within ten (10) days of the scheduled meeting it shall be heard the following month.

      (1)    If the owner files an appeal of a nuisance declaration after the time for an appeal has run, the Board may hear a delayed appeal and determine whether there was just cause for the delayed appeal and grant a subsequent hearing on this issue of the nuisance.

      (2)    Pending any appeal hearing or delayed appeal, there shall be no stay of demolition proceedings unless the appellant files a motion for a stay of demolition proceedings and said motion is granted by the Chair or a vote of the Board.

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

      (4)    At each hearing conducted pursuant to this division (g), the Executive Director of External Services shall present testimony concerning why the property is a nuisance. The appellant shall be given an opportunity to present evidence. After hearing the evidence of all parties, the Board shall determine based upon a preponderance of the evidence heard whether to:

         A.    Sustain the finding that a public nuisance exists on the property and order the abatement thereof by repair or replacement or removal of the items found to constitute a public nuisance, or order the abatement thereof by demolition; or

         B.    Continue the matter for a period not to exceed forty-five (45) days for further investigation and disposition; or

         C.    Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter; or

         D.    Reverse the finding that a public nuisance exists on the property and dismiss the case.

      (5)    A copy of the decision of the Nuisance Appeals Board shall be mailed, with certificate of mailing, within five (5) business days of the hearing to the owner or other person or entity that demanded the hearing, at the address provided pursuant to Section 1967.07(a). It shall be the responsibility of the owner, lienholder, or person representing the owner or lienholder, to keep the secretary of the Nuisance Appeals Board apprised of his or her current mailing address. For the purpose of appeal pursuant to Ohio Revised Code Chapter 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision was mailed.

            (6)    If the Executive Director of External Services or a safety official has declared a property a public nuisance and there is no appeal or the appeal to the Nuisance Appeal Board is denied, there shall be no administrative review under Section 4200 of the City of Hamilton Zoning Ordinance of the Hamilton Zoning Code. The Building Services Department shall issue the demolition permit based upon the standards contained in the building code.

   (h)    The proceedings at all hearings held pursuant to this section shall be summarized and reduced to writing and entered as a matter of public record in the Department of Planning, along with the findings and decision of the Nuisance Appeals Board. Such record shall also include a copy of every notice and/or order issued in connection with the matter.

(Ord. 2022-4-26. Passed 4-13-22; Ord. 2022-12-112. Passed 12-7-22.)