The owner and tenant (if applicable) of a nuisance property who receives a notice from the Chief of Police or the Chief's designee pursuant to this chapter may appeal such notice by submitting a written request for reconsideration to the Chief of Police within fourteen (14) days of the date of the notice. If the Chief of Police finds that the facts presented do not support the declaration of a nuisance, the Chief shall rescind the notice. Otherwise, the Chief shall deny the request and advise the appellant in writing of the denial, and of the appellant's right to file an appeal to the Mayor/Director of Public Safety. The appellant may appeal the denial of the request for reconsideration by submitting a written appeal letter to the Mayor/Director of Public Safety within twenty-one (21) days of the date of the Chiefs denial. Any such appeal shall not stay any actions by the City to abate the first or any subsequent nuisance activity. In any such appeal, the City must show by a preponderance of the evidence that each violation stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property or of the intent of the City to assess the property for abatement costs, whichever is applicable, is justified and has been carried out. The City shall be deemed to have failed to meet this standard if the appellant demonstrates by a preponderance of evidence that:
(a) The appellant was not the owner or tenant (if applicable) of the real property at the time of any of the nuisance activity that is the basis of the notice; or
(b) The appellant had knowledge of the nuisance activity, but has promptly and vigorously taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9), or
(c) The appellant had no knowledge of the nuisance activity and could not, with reasonable care and diligence, have known of the nuisance activity; and upon receipt of the notice of the declaration of the property as a nuisance property, the appellant promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5321.17 (C) and 5321.04 (A)(9). (Ord. 42-2024. Passed 3-26-24.)