(a) Any person issued a notice or order pursuant to this chapter may appeal by requesting a hearing before the Nuisance Abatement Board of Review to review that notice or order.
(b) An appeal and request for a hearing must be made in writing and received by the Director of Law within 14 calendar days of the date of the service of the notice or order. Filing of the notice of appeal shall stay the order being appealed during the pendency of the appeal unless immediate abatement of the nuisance is necessary to protect the health, safety, or welfare of the community. If no timely appeal is received, it will be conclusively presumed that the nuisance occurred and the order shall be final. Any associated costs shall be certified to the County Fiscal Officer as a lien against the property at issue and any subject Certificates of Occupancy and/or Registration of Rental Property and/or Tenant Rental License shall be revoked.
(c) The appeal hearing shall be held within a reasonable time from receipt of the request to appeal. The appellant shall be given at least seven calendar days notice of the date, time, and location of the hearing and shall have the opportunity to present evidence to the Board and cross examine any sworn witnesses presented by the City. The City shall have the burden of proving the existence of nuisance and/or the reasonableness of the notice or order by a preponderance of the evidence. The hearing shall proceed in a manner prescribed by the Board.
(d) After said hearing, the Board shall render a written decision affirming, modifying, or rejecting the notice or order. The Board is not bound by the original notice or order and may set forth its own remedy. The Board may order the City to revoke a Certificate of Occupancy and/or Registration of Rental Property and/or Tenant Rental License, in addition to any additional remedies and subject to the requirements of Section 680.03. The Board shall notify the appellant of the decision by first-class mail. If the determination includes payment of costs, the decision should include an order to pay said costs within 30 calendar days and statement that failure to timely pay will result in certification of the costs to the County Fiscal Officer for collection as other taxes and assessments are collected. The City shall immediately revoke a Certificate of Occupancy and/or Registration of Rental Property and/or Tenant Rental License after so ordered by the Board or immediately after Council declares the use a nuisance.
(e) A written decision shall not be found against an owner of a rental property and/or agent in charge who establishes by a preponderance of the evidence:
(1) He or she had no knowledge of the nuisance activities on the premises and could not, with reasonable care and diligence, have known of the nuisance activities occurring on the premises; and
(2) Upon receipt of notice of the occurrence of nuisance activities on the premises, he or she promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of R.C. §§ 5321.17(C) and 5321.04(A)(9).
(f) If within 30 calendar days after the mailing of the Board's order, costs are not paid, said costs may be certified to the County Fiscal Officer for collection as other taxes and assessments are collected or the City may seek recovery of such costs by civil action against the property owner involved.
(Ord. 2016-106. Passed 3-1-17.)