(A) An owner of a building determined by the Commissioner to be a vacant building may appeal that determination to the City Adjudication Hearing Officer. Such appeal shall be in writing and shall be filed with the Commissioner within 14 days of the date of mailing of the notice of determination. The filing of an appeal stays the owner's obligation to register a building as required by this chapter. The appeal shall contain a complete statement of the reasons the owner disputes the Commissioner's determination, set forth specific facts in support thereof, and include all evidence the owner relies upon to support the appeal. The City Adjudication Hearing Officer shall decide the appeal on the basis of facts presented by the owner in the written appeal and the Commissioner's written determination.
(B) The burden is upon the owner to present sufficient evidence to show that had the evidence been known to the Commissioner at the time the Commissioner made the determination, the Commissioner would more likely than not have determined that the subject building was not a vacant building.
(C) The City Adjudication Hearing Officer shall send written notice of its decision to the owner within 30 days of its receipt of the appeal. The Planning and Zoning Commission may, but is not required to, seek additional information from the owner before making a decision.
(D) An owner who wishes to challenge the applicability of this chapter to a vacant building without the Commissioner's determination having been made shall set forth specific facts to support non-applicability in writing to the Commissioner. In the event the Commissioner determines that the subject building is a vacant building, the owner shall have the right to appeal the Commissioner's determination to the City Adjudication Hearing Officer.
(Ord. O-29-16, passed 11-1-16)