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(A) The Property Maintenance Appeals Board existing pursuant to § 152.074 for the Residential Property Maintenance Code shall also constitute the Property Maintenance Appeals Board for the Nuisance Abatement Code.
(B) A notice of appeal of a notice to abate shall be filed with the Code Enforcement Officer within fifteen days of service of the Notice to Abate. The appeal shall be in writing and shall specify the name and address of the appellant and may, at the option of the appellant, also include a telephone number, fax number and/or e-mail address for the appellant. The appeal may be filed by any owner of record or holder of a legal or equitable lien of record.
(C) The filing of a notice of appeal shall stay the notice to abate until the Property Maintenance Appeals Board has rendered a decision on the appeal.
(D) Upon receipt of a notice of appeal, the Code Enforcement Officer shall set a time and place for a hearing on the appeal and shall give the appellant notice of the time and place of the hearing by written notice mailed at least seven days before the hearing.
(E) The Code Enforcement Officer and the appellant shall each have the opportunity to present testimony and other evidence at the hearing and the Property Maintenance Appeals Board shall determine whether or not a public nuisance exists, and if so, whether the Notice to Abate should be modified as to the manner or timing of the abatement.
(F) The Property Maintenance Appeals Board shall render its decision in writing and set forth findings of fact as it finds necessary to explain its decision.
(G) If the decision of the Property Maintenance Appeals Board finds the existence of a public nuisance and affirms the notice to abate, with or without modification, then the notice to abate including any modifications made by the board shall be immediately effective and the Code Enforcement Officer may proceed to abate the public nuisance in accordance with the Notice to Abate and applicable law.
(Ord. 10-039, passed 6-15-10)