§ 152.87 APPEAL HEARING OF PUBLIC NUISANCE.

   (A)   All appeals under this section shall be heard by the Board of Building Appeals as set out in § 152.10.

   (B)   The owner or other responsible person named on a nuisance notice may, within 15 days after receipt of notice, or with 15 days after any other Building Commissioner determination made pursuant to this subchapter, demand in writing to the Building Commissioner for a hearing on any legal or factual issues relating to the nuisance notice or on any Building Commissioner determination made pursuant to the authority granted by this subchapter. The demand shall include the correct mailing address of the owner or person representing the owner. The hearing shall be scheduled within a reasonable time, not to exceed 30 days following receipt of the written demand.

   (C)   The hearing shall be conducted by the Board of Building Appeals.

   (D)   In an appeal pursuant to § 152.82(A) or 152.83(A), the Board of Building Appeals may vote to:

      (1)   Sustain the finding that a public nuisance exists on the property and, if the public nuisance is of the type defined in § 152.75, order the abatement thereof by repair or replacement or removal of the use or condition found to constitute a public nuisance, or order the abatement thereof by demolition; or

      (2)   Sustain the finding that a public nuisance exists on the property and order that the structure be secured and the premises maintained so as to lessen the severity of the public nuisance; or

      (3)   Continue the matter for a period not to exceed 45 days for further investigation and disposition; or

      (4)   Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter; or

      (5)   Reverse the finding that a public nuisance exists on the property and dismiss the case.

   (E)   In an appeal pursuant to § 152.82(A) or 152.83(A), the Board of Building Appeals may vote to:

      (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.

   (F)   The Board of Building Appeals shall mail a copy of the decision, 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 representing the owner, to keep the secretary of the Board of Building Appeals apprised of his or 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. 13-01-001, passed 3-11-2013) Penalty, see § 152.99