The owner of a nuisance property who receives a notice from the Chief of Police or his designee pursuant to this section may appeal such notice by submitting a written request for reconsideration to the Chief of Police within 30 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 refer the appeal for hearing by the Board of Zoning Appeals. 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. The City shall be deemed to have failed to have met this standard if the owner demonstrates by a preponderance of evidence that:
(a) He or she was not the owner at the time of any of the nuisance activity that is the basis of the notice; or
(b) He or she had knowledge of the nuisance activity, but had promptly and vigorously taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirement of Ohio R.C. 5321.17(c)and 5321.04(A)(9); or
(c) He or she had 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, he or she promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirement of Ohio R.C. 5321.17(c) and 5321.04(a)(9). (Ord. 95-2015. Passed 10-13-15.)