1121.09  RIGHT OF APPEAL.
   (a)   The owner shall have the right to appeal the imposition of the registration fees to the City Administrator; upon filing an application in writing to the Building Inspector no later than 15 calendar days after the date of the billing statement.  On appeal, the owner shall bear the burden of providing satisfactory objective proof of occupancy as defined in this article specifically.
   (b)   A waiver of the registration fee, or an extension of a waiver fee up to 90 days from the date of the current billing statement, may be granted by the City Administrator or his designee upon application of the owner and upon review and advice of the Building Maintenance Board; if the owner:
      (1)   Demonstrates with satisfactory proof to the City Administrator or his designee that he/she is in the process of demolition, rehabilitation or other substantial repair of the vacant building; and
      (2)   Objectively demonstrates to the City Administrator or his designee a  reasonable anticipated length of time for the demolition, rehabilitation, or other substantial repair of the vacant building;
      (3)   Provides satisfactory proof to the City Administrator or his designee that he/she was actively attempting to sell or lease the property during the vacancy period; or
      (4)   Provides satisfactory proof to the City Administrator, to be evaluated on a case-by-case basis, that the vacancy is temporary and may be due to illness of the owner, active military service, or some other reasonable explanation believed to be short term in nature and documentable as  necessary.
   (c)   Within thirty days, or as soon thereafter as possible, after the waiver application  is received, the City Administrator or his designee shall grant or deny the waiver, or request for extension, in writing, and dispatch the written decision by mail to the owner.  If the owner properly submitted an application for a waiver or request for extension to the City Administrator or his designee, and the City Administrator or his designee rendered a decision which the owner seeks to appeal to the City Council, the owner must file an Appeal Petition in writing no later than 30 calendar days from the date of the City Administrator or his designee's decision.  City Council shall either grant or deny the appeal.  Thereafter the decision of the City Council is final unless within thirty (30) days of such decision the owner appeals for injunctive relief to the Circuit Court of Nicholas County.
(Passed 3-25-14)