(a) The Owner(s) named on a nuisance notice issued per Sections 559.03 and 559.04 may, within thirty (30) days after receipt of said notice or within thirty (30) days after any other determination has been made by the Review Board Director pursuant to this Chapter, make a demand in writing to the Review Board Director for a hearing before the Public Nuisance Appeals Board on any legal or factual issue relating to the nuisance notice, or any determination made by the Review Board Director pursuant to the authority granted by this Chapter. The demand shall include the correct mailing address of the Owner(s) or person representing the Owner(s), if any.
(b) The appeal hearing shall be scheduled within a reasonable time, not to exceed thirty (30) days following receipt of the written demand.
(c) Written notice of the location, date, and time of the appeal hearing shall be served upon the Owner(s) no later than five (5) days prior to the date thereof. Said written notice shall be served via Section 559.04.
(d) The Owner(s) may request a continuance of the scheduled appeal hearing date in writing submitted to the Review Board Director. Said request must be received by the Review Board Director prior to the date of the scheduled appeal hearing. The Review Board Director, for good cause shown, may reschedule the appeal hearing date, but the rescheduled appeal hearing date shall not be more than thirty (30) days from the date the Review Board Director received the request for continuance.
(e) In addition to the notice to the Owner(s) required by subsection (c) hereof, notice of the appeal hearing date shall be posted in accordance with Section 128.03 of the Moraine Codified Ordinances. Said notice will state that the purpose of the appeal hearing is as follows: "The Public Nuisance Appeals Board will conduct an appeal hearing regarding the determination of the existence of a public nuisance relative to the property located at ______________ pursuant to Moraine Codified Ordinance Chapter 559 filed by ______________ on ______________, 20 ___ at ______________ a.m./p.m. Said appeal hearing will occur at ______________."
(f) The hearing shall be conducted by the Public Nuisance Appeals Board.
(1) Sustain the finding that a public nuisance exists on the premises and order abatement thereof;
(2) Sustain the finding that a public nuisance exists on the property and order the structure be secured and the premises maintained so as to lessen the severity of the nuisance;
(3) Continue the matter for a period not to exceed 45 days for further investigation and disposition;
(4) Take such other action and renders such other orders as it deems appropriate within the authority conferred by this Chapter;
(5) Reverse the finding that a public nuisance exists on the property and dismiss the case.
(h) A copy of the decision of the Public Nuisance Appeals Board shall be mailed, with certificate of mailing, to the last known address of the Owner(s) and the person representing the Owner(s), if any. It shall be the responsibility of the Owner(s) or the person representing the Owner(s), if any, to keep the secretary of the Public Nuisance Appeals Board appraised of his/her current mailing address. For the purpose of appeal pursuant to Ohio R.C. Chapter 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision was mailed. (Ord. 2123-22. Passed 9-8-22.)