(A) A person who receives notice and order referred to in § 139.03(B) may appeal such notice and order by submitting a written request for reconsideration to the Chief of Police within ten days of receiving the notice and order. Such written request shall include the reasons the person feels that warning, notice or order is not justified or that the person should not be named in the notice and any mitigating circumstances.
(B) If the Chief of Police finds that the facts do not support the notice and order based on the information provided he shall rescind the notice and order. Otherwise, the Chief of Police shall advise the person in writing that the request for reconsideration has been denied and that the person may appeal to the Board of Zoning Appeals. The person may appeal the denial of the request for reconsideration by submitting a letter to the Board of Zoning Appeals setting forth the reasons for appeal. The Board of Zoning Appeals shall conduct their meeting consistent with the procedural processes outlined in Chapter 153 of the Code of Ordinances. The Board of Zoning Appeals after reviewing the facts, shall render a decision as to whether the notice and order shall stand and notify the parties in writing.
(C) During the appeal process, the city has the right to abate further nuisances and to assess the costs providing the city ultimately prevails in the appeal process.
(D) If a person appeals the Chief of Police's decision, the requirement to pay the costs of abatement is stayed until a final decision is rendered.
(Ord. 02-2023, passed 1-18-23)