(A) An owner of a building determined by the building inspector to be a vacant building as provided for in this chapter may appeal that determination to the building inspector. Such appeal shall be in writing and shall be filed with the building inspector within fifteen (15) days of the date of mailing of the notice of determination. The filing of an appeal stays the owner's obligation to register his building as required by this chapter. The appeal shall contain a complete statement of the reasons the owner disputes the building inspector's determination, shall set forth specific facts in support thereof, and shall include all evidence the owner relies upon to support the appeal. The building inspector shall decide the appeal on the basis of facts presented by the owner in his or her written appeal and the building inspector's written determination.
1. The burden is upon the owner to present sufficient evidence to persuade the building inspector that had the evidence been known to the building inspector at the time the building inspector made the determination, the building inspector would more likely than not have determined that the subject building was not a "vacant building" within the meaning of this chapter.
2. The building inspector shall send written notice of his decision to the owner within ten (10) days of his or her receipt of the appeal. The building inspector may, but is not required to, seek additional information from the owner. The building inspector 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.
3. An owner who wishes to challenge applicability of this chapter to his/her building without the building inspector's determination having been made, shall set forth specific facts to support nonapplicability in a writing to the building inspector. In the event the building inspector determines that the subject building is a "vacant building", the owner shall have the right to appeal the building inspector's determination to the building inspector as provided for herein. (Ord. 1648, 11-7-2016)