(a) Any person issued a notice or order pursuant to this Chapter may appeal by requesting a hearing before the Planning Commission to review that notice or order.
(b) An appeal and request for a hearing must be made in writing and received by the Village Administrator within fourteen (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 from 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 Auditor as a lien against the property at issue and any subject Certificate of Occupancy 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 (7) calendar days' notice of the date, time, and location of the hearing and shall have the opportunity to present evidence to the Planning Commission and cross examine any sworn witnesses presented by the Village. The Village shall have the burden of proving the existence of the 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 Planning Commission, and in compliance with the provisions of Ohio Revised Code Section 2506.03.
(d) After said hearing, the Planning Commission shall render a written decision affirming, modifying, or rejecting the notice or order. The Planning Commission is not bound by the original notice or order and may set forth its own remedy. The Planning Commission may order the Village to revoke a Certificate of Occupancy, in addition to any additional remedies and subject to the requirements of Section 1313.03 herein. The Planning Commission shall notify the appellant of the decision by first-class mail, commercial courier, hand-delivered notice, electronic mail, or any other means for reliably conveying notice. If the determination includes payment of costs, the decision should include an order to pay said costs within thirty (30) calendar days and statement that failure to timely pay will result in certification of the costs to the County Auditor for collection as other taxes and assessments are collected. The Village shall immediately revoke a Certificate of Occupancy after so ordered by the Planning Commission or immediately after Council declares the use a Nuisance.
(e) A written decision shall not be found against an owner of a rental property who establishes by a preponderance of 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 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 requirements of Ohio Revised Code Section 5231.17(C) and Ohio Revised Code Section 5231.04(A)(9).
(f) Any appeal of the Planning Commission's ruling shall be to the Geauga County Common Pleas Court, pursuant to Chapter 2506 of the Revised Code.
(g) If within thirty (30) calendar days after the mailing of the Board's order, costs are not paid, said costs may be certified to the County Auditor for collection as other taxes and assessments are collected or the Village may seek recovery of such costs by civil action against the property owner involved.
(Ord. 21-123. Passed 8-12-21.)