549.09  RECONSIDERATION OF PERMANENT NUISANCE.
   Should such a location be declared a permanent public nuisance, any further use of that location for the same purpose is not allowed and after three months of the date that such property is declared a permanent nuisance, the property would lose its non-conforming use status and revert to the land use permitted in accord with the Planning and Building Code. However, reconsideration of a Declaration of a Permanent Nuisance may occur if such request is filed within three (3) months of such order declaring a permanent nuisance.  Another business or non-conforming use may petition City Council for a hearing to demonstrate that a legitimate business interest or other non-conforming use is proposed for such location.  If such petition is granted, a bond shall be posted in an amount not less than $25,000.00 to extend for a minimum of one year from the date of occupation of the premises.  Such one-year period shall be considered probationary in that any recurrence of similar activity which leads to the prior declaration of a nuisance or would lead to a new nuisance violation shall be cause for immediate forfeiture of said bond to the City of New Martinsville and closure of such establishment upon notice by the City Council.