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23-08 Amend 510.01 Nuisance Abatement
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23-08 Amend 510.01 Nuisance Abatement
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Last modified
5/14/2013 3:16:51 PM
Creation date
12/19/2008 10:53:03 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
12/15/2008
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ordinance. Once a property has been declared a nuisance then any <br />subsequent occurrence of any activity listed in subsection (a) may cause <br />another nuisance declaration. The cost of responding to the nuisance <br />activity shall be assessed on the nuisance property. The nuisance <br />declaration may come before or after the City has incurred the response <br />costs. The costs shall be calculated asset forth in subsection (g) hereof. <br />The City shall provide notice to the owner of the nuisance property to pay <br />the costs of abatement at least thirty (30) days before such costs are <br />certified to the County Auditor for assessment against the property, and <br />such notice shall contain a description of the nuisance activity that is the <br />basis for the notice of intent to assess the property, and the cost to <br />abate. If the same is not paid within thirty (30) days of the mailing of the <br />notice, such amount may be certified to the County Auditor for collection <br />as other taxes and assessments are collected, or the City may seek <br />recovery of such costs by civil action. Notice shall be served pursuant to <br />the Ohio Rules of Civil Procedure. <br />(e) Reconsideration Request. <br />The owner of a nuisance property who receives a nuisance declaration <br />notice from the Director of Public Safety or his or her designee pursuant <br />to subsection (d) may appeal such notice by submitting a written request <br />for reconsideration to the Director of Public Safety. If the Director of <br />Public Safety or his or her designee finds that the facts presented do not <br />constitute a public nuisance then the Director of Public Safety or his or her <br />designee shall rescind the notice. Otherwise the Director of Public Safety <br />or his or her designee shall deny the request and advise the appellant in <br />writing of the denial and of the appellant's right to file an appeal to the <br />Board of Nuisance Abatement Appeals. <br />(f) Appeal to the Board of Nuisance Abatement Appeals <br />The owner may appeal the denial of the request for reconsideration by <br />submitting a written appeal letter to the Board of Nuisance Abatement <br />Appeals within thirty (30) days of the date of the denial. Any such appeal <br />shall not stay any actions by the City to abate the first or any subsequent <br />nuisance activity. In any such appeal, the City must show by a <br />preponderance of the evidence that each nuisance activity stated in the <br />notice being appealed, or if the activities stated in the notice number <br />more than three, each nuisance activity for which the city seeks <br />compensation, has occurred, and that the declaration of the property as a <br />nuisance property or of the intent of the City to assess the property for <br />abatement costs, whichever is applicable, is justified. If a nuisance activity <br />
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