(A) An owner of a building determined by the Director to be a vacant building as provided for in this subchapter may appeal that determination to the City Administrator. Such appeal shall be in writing and shall be filed with the City Administrator within 15 days of the date of mailing of the notice of determination. The filing of an appeal stays the owner's obligation to register his building as required by § 91.095. The appeal shall contain a complete statement of the reasons the owner disputes the Director's determination, shall set forth specific facts in support thereof, and shall include all evidence the owner relies upon to support the appeal. The City Administrator shall decide the appeal on the basis of facts presented by the owner in his or her written appeal and the Director's written determination.
(B) The burden is upon the owner to present sufficient evidence to persuade the City Administrator that had the evidence been known to the Director at the time the Director made the determination, the Director would more likely than not have determined that the subject building was not a "vacant building" within the meaning of this subchapter.
(C) The City Administrator shall send written notice of his decision to the owner within ten days of his or her receipt of the appeal. The City Administrator may, but is not required to, seek additional information from the owner. The City Administrator may, upon written notice thereof to the owner, take no more than ten additional days, to decide the appeal if he or she determines that such additional time is required for consideration of the appeal.
(D) An owner who wishes to challenge applicability of this subchapter to his or her building without the Director's determination having been made, shall set forth specific facts to support nonapplicability in a writing to the Director. In the event the Director determines that the subject building is a "vacant building", the owner shall have the right to appeal the Director's determination to the City Administrator as provided for herein.
(Ord. 2008-07-0193O, passed 7-22-2008)