(a) The hearing as set forth in the hearing notice shall be conducted before the Vandalia Property Maintenance Board. All hearings shall be open to the public. The owner, the owner's representative, the Code Official, and any person whose interests are affected shall be given an opportunity to be heard. The Code Official shall present its evidence of nuisance and need for abatement first. The owner/owner's representative/person with affected interest may then present evidence, provide witnesses and testimony, and cross exam witnesses. The Code Official and/or owner may be represented by legal counsel. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. The Property Maintenance Board/City Manager may issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance from the person requesting such subpoena.
(b) At such hearing:
(1) All testimony shall be given under oath.
(2) A complete record of the proceedings shall be kept, except confidential deliberations, but including all documents presented and a verbatim record of the testimony of all witnesses.
(3) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(4) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(c) (1) The Property Maintenance Board shall determine if the Code Official misinterpreted or misapplied this Code or the basis for a bill for correction or abatement and shall separately determine by majority vote: (i) if the Code Official is correct in declaring a public nuisance as defined in Section 1484.02 exists; and (ii) if the public nuisance is found to exist, whether the proposed abatement set forth in the hearing notice is reasonable and necessary.
(2) If a proposed abatement is the demolition of a building, such abatement shall only be approved by the Board upon expressly finding that no other abatement method will reasonably effectuate the removal of the public nuisance.
(3) The Property Maintenance Board may find on its own accord, based on the evidence, that a public nuisance as defined in Section 1484.02 that was not identified by the Code Official exists on the property.
(d) The Property Maintenance Board may continue the matter for a period not to exceed forty-five days for further investigation and disposition. In the event there is not a quorum at the Property Maintenance Board hearing the hearing shall be continued for a period not to exceed forty-five days.
(e) A decision by the Property Maintenance Board must have a concurring vote of at least three members.
(f) The decision of the Property Maintenance Board may be announced at the conclusion of the hearing and thereafter issued in writing, or the decision may be issued later in writing but no later than ten business days after the hearing. A copy of the written decision signed by the Chair or Vice Chair of the Property Maintenance Board shall be mailed, with certificate of mailing, to the last known address of the owner, or person representing the owner. It shall be the responsibility of the owner, or person representing the owner, to keep the Code Official apprised of his/her current mailing address.
(g) Within fifteen days after the issuance of the written decision by the Property Maintenance Board, the owner may apply in writing to the Code Official and Chief Building Official for a building permit or demolition permit as provided in Section 1484.05.
(h) 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. 19-27. Passed 12-2-19.)