(A) The owner or other responsible person named on a notice may within ten business days after receipt of notice, make demand in writing to the Chief Code Enforcement Officer for a hearing on any legal or factual issues related to the nuisance notice, or any question set forth in §160.17(B)(2)(d), or any determination made by the Chief Code Enforcement Officer, or his or her designee pursuant to the authority granted by this chapter. The demand shall include the correct mailing address of the owner, other responsible person, or person representing the owner or other responsible person and shall be accompanied by the appeal fee set forth in §37.29(A)(10) of the Codified Ordinances of the City of West Carrollton. The hearing shall be scheduled within a reasonable time, not to exceed 60 days following the receipt of the written demand.
(B) The hearing shall be conducted by the Board of Zoning Appeals (Board).
(1) In an appeal concerning public nuisances defined in §160.03(A), the Board may vote to:
(a) Sustain the determination that a public nuisance exists on the premises and order the abatement thereof by repair, replacement or removal of the items found to constitute a public nuisance, or order the abatement thereof by demolition;
(b) Sustain the determination that a public nuisance exists on the premises and order that the structure be secured and the premises maintained so as to lessen the severity of the public nuisance;
(c) Continue the matter for a period not to exceed 45 days for further investigation and disposition;
(d) Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter; or
(e) Reverse the finding that a public nuisance exists on the premises and dismiss the case.
(2) In an appeal concerning public nuisances defined in §160.03(B), the Board may vote to:
(a) Sustain the finding that a public nuisance exists on the premises and order the abatement thereof;
(b) Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter;
(c) Reverse the finding that a public nuisance exists on the premises and dismiss the case; or
(d) 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 knowledge thereof, and dismiss the case with respect to that owner.
(C) A copy of the decision of the Board shall be mailed, via certificate of mailing, to the last known address of the owner, other responsible person or person representing the owner or other responsible person, who demanded the hearing. It shall be the responsibility of the owner, other responsible person or person representing the owner or other responsible person, to keep the secretary of the Board appraised of their current mailing address. For purposes 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. 3674, passed 8-11-20)