Should such a location be declared a permanent public nuisance, any further use of that location for the same purpose is not allowed and after three months of the date that such property is declared a permanent nuisance, the property would lose its non-conforming use status and revert to the land use permitted in accord with the Planning and Zoning Code. However, reconsideration of a Declaration of a Permanent Nuisance may occur if such request is filed within three (3) months of such order declaring a permanent nuisance. Another business or non-conforming use may petition City Council for a hearing to demonstrate that a legitimate business interest or other non-conforming use is proposed for such location. If such petition is granted, a bond shall be posted in an amount not less than $25,000.00 to extend for a minimum of one year from the date of occupation of the premises. Such one-year period shall be considered probationary in that any recurrence of similar activity which leads to the prior declaration of a nuisance or would lead to a new nuisance violation shall be cause for immediate forfeiture of said bond to the City of Wheeling and closure of such establishment upon notice by the City Manager as directed by City Council.
(Ord. 12662. Passed 7-1-03.)