(a) Within thirty (30) days after the service of a notice of public nuisance abatement, the owner(s), any mortgagee, or other person having an interest in said premises, building or structure, may submit an application for an appeal hearing on the question of whether in fact a public nuisance, as defined herein, exists upon the premises. The hearing shall be held within twenty (20) days following the date of receipt of such application and at least five (5) days-notice in writing of the hearing date, time, and location shall be given to the owner(s), and upon any mortgagee and other person having an interest in said premises, building or structure, as shown by the County land records.
(b) Such hearing shall be conducted as follows:
(1) The Board of Zoning Appeals shall hear and conduct all such appeals.
(2) The Board of Zoning Appeals, following the hearing, may vote to:
A. Sustain the finding that a public nuisance exists on the premises and order abatement thereof by repair, replacement, or removal of the items found to constitute a public nuisance, or order the abatement thereof by demolition; or
B. Sustain the finding that a public nuisance exists on the premises and order the structure or building be secured and the premises maintained so as to lessen the severity of the nuisance; or
C. Continue the matter for a period not to exceed forty-five (45) days for further investigation and disposition; or
D. Take such other action and render such other orders as it deems appropriate within the authority conferred by this Chapter; or
E. Reverse the finding that a public nuisance exists on the premises and dismiss the case.
(c) A simple majority of the members of the Board of Zoning Appeals present must concur by vote on the determination for the decision to be effective. The Board of Zoning Appeals shall issue a written decision with findings of fact within fifteen (15) days after the date of the conclusion of the hearing. A copy of the decision of the Board of Zoning Appeals shall be mailed, with certificate of mailing, to the last known address of the owner(s), or person representing the owner(s), and upon any mortgagee and other person having an interest in said premises, building or structure, as shown by the County land records. The owner(s) or person representing the owner(s), and any mortgagee and other person(s) having an interest in said premises, shall keep the secretary of the Board of Zoning Appeals informed of their current mailing address.
For purposes of appeal pursuant to Ohio R.C. 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision of the Board of Zoning Appeals was mailed. (Ord. 2098-21. Passed 9-9-21.)