(a) The owner or other responsible person named on a nuisance notice may within 15 days after receipt of notice or within 15 days after any other determination has been made by the Police Chief pursuant to this chapter, make a demand in writing to the Police Chief for a hearing on any legal or factual issue relating to the nuisance notice, or on any determination made by the Police Chief pursuant to the authority granted by this chapter. The demand shall include the correct mailing address of the owner or person representing the owner and shall be accomplished by an appeal fee in the amount of $100.00. The hearing shall be scheduled within a reasonable time, not to exceed 30 days following receipt of the written demand.
(b) The hearing shall be conducted by the Nuisance Appeals Board, composed of the Police Chief, Urban Projects Director and the Fire Chief.
(1) Sustain the finding that a public nuisance exists on the property and order the abatement thereof.
(2) Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter
(3) Reverse the finding that a public nuisance exists on the property and dismiss the case.
(4) Determine that the owner of the real property or personal property used in furtherance of the public nuisance was, in good faith, innocent of knowledge of the use of such property as a nuisance and that, with reasonable care and diligence, such owner could not have known thereof, and dismiss the case with respect to that owner.
(d) A copy of the decision of the Nuisance Appeals Board shall be mailed, with certificate of mailing, to the last known address of the owner, or person representing the owner, who demanded the hearing. It shall be the responsibility of the owner, or person presenting the owner, to keep the secretary of the Nuisance Appeals Board apprised of his/her current mailing address. For the purpose of appeal pursuant to R.C. Chapter 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision was mailed. (Ord. 2016-38. Passed 5-10-16.)