A. An owner of a building determined to be a vacant building may appeal that determination to the village president. Such appeal shall be in writing and shall be filed with the village clerk within fifteen (15) days after the date of the director's notice of determination. The filing of an appeal stays the owner's obligation to register the building under section 4-7-7 of this chapter. The appeal shall contain a complete statement of the reasons the owner disputes the vacant building determination, shall set forth specific facts in support thereof, and shall include all evidence the owner relies upon to support the appeal. The village president shall decide the appeal on the basis of evidence presented by the owner's written appeal and in the director's written determination.
B. The burden is upon the owner to present sufficient evidence to persuade the village president 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 chapter.
C. The village president shall send written notice of a decision to the owner within ten (10) days of his or her receipt of the appeal. The village president may, but is not required to, seek additional information from the owner. The village president may, upon written notice thereof to the owner, take no more than ten (10) additional days, to decide the appeal if he or she determines that such additional time is required for consideration of the appeal.
D. Upon request of any owner, the director may review the circumstances and condition of an unoccupied building and issue a written determination that, as of the date of such letter, the provisions of section 4-7-8 of this chapter do not apply to such building. If the director concludes that section 4-7-8 of this chapter is applicable, then the owner shall have the right to appeal the director's determination to the village president as provided herein. (Ord. 10-12-25, 12-7-2010)