(a) An owner of a property, location or structure declared a public nuisance by the Zoning Inspector (or his or her designated representative), ordered to abate the nuisance within forty-eight (48) hours, may appeal the notice-order by requesting in person a hearing with the Board of Zoning Appeals no later than twenty-four (24) hours from the date of receipt (excluding weekends and/or holidays). The in-person request shall be made to the Zoning Inspector and must be accompanied by a cash bond in the amount of one-half (½) of the estimated abatement cost or five hundred dollars ($500.00), whichever is less. The appeal request does not stay the order to abate the nuisance.
(1) A summary abatement appeal hearing, if properly made, shall be held at the first regularly scheduled Appeals Board meeting following the in- person request.
(b) An owner of a property, location or structure declared a public nuisance by the Zoning Inspector (or his or her designated representative), ordered to abate the nuisance within thirty (30) days, may appeal the notice-order by requesting in-person a hearing with the Board of Zoning Appeals no later than twenty-four (24) hours from the date of receipt (excluding weekends and/or holidays). The in-person request shall be made to the Zoning Inspector and must be accompanied by a cash bond in the amount of one-half (½) of the estimated abatement cost or five hundred dollars ($500.00), whichever is less. The appeal request does not stay the order to abate the nuisance.
(1) A regular abatement appeal hearing, if properly made, shall be held at the first regularly scheduled Board of Zoning Appeals meeting following the in-person request.
(c) The hearing shall be conducted by the Board of Zoning Appeals.
(1) The Board of Zoning Appeals, after hearing the matter, may amend, modify, revoke or uphold the notice-order, and may extend the time for compliance with the order by the owner by such date as the majority of the board may determine.
(2) The Board of Zoning Appeals, at the conclusion of the hearing and after deliberations, may render a decision immediately or take the matter under advisement. The Board of Zoning Appeals, however, shall render a written decision on the matter within seven (7) business days after the hearing.
(3) The Board of Zoning Appeals shall order the cash bond deposit returned to the appellant if the departmental order is revoked or overruled, or retain the deposit if the departmental order is upheld and pending completion of the order by appellant within the time allotted. A departmental order is deemed upheld even if modified or amended by the Board of Zoning Appeals. The Board of Zoning Appeals shall order the cash bond deposit paid to the City if proper documentation is presented to the Board of Zoning Appeals that the City abated the nuisance. The cash bond shall be applied to defray the abatement expense incurred by the City.
(4) The ruling or decision of the Board of Zoning Appeals is a final appealable order; but appeal to a court of competent jurisdiction will not act as a stay of the abatement order.
(Ord. 2004-14. Passed 9-9-04.)