109.04 RIGHT OF APPEAL.

   The owner 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 thirty (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 advise the appellant in writing of the denial and of the appellant’s right to file an appeal to the Board of Appeals. The owner may appeal the denial of the request for reconsideration by submitting a written appeal letter to the Board of Appeals within thirty (30) days of the date of the Chief’s 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. The City shall be deemed to have failed to meet 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 has promptly and vigorously taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirements of Ohio Revised Code Sections 5321.17 (C) and 5321.04 (A) (9), or

   (c)   He or she 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, he or she promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of Ohio Revised Code Sections 5321.17 (C) and 5321.04 (A) (9).

      (Ord. 16-109. Enacted 10-24-16.)