25-12 Amend 510.01, Declaration of Nuisance & 510.04, Board of Nuisance Appeals

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costs to abate any future nuisance and shall state that the owner may avoid being charged the costs of abatement by taking steps to prevent any further nuisance activity as set forth in this section. The notice shall further state that the City may abate the nuisance by responding to the activities using administrative and law enforcement actions and the costs of such abatement shall be assessed on the nuisance property as set forth in subsection (g). Notice shall be served pursuant to the Ohio Rules of Civil Procedure. (d) Nuisance Declaration. If a third nuisance activity as declared in this section, or any additia~al felony, occurs within rivelve months after the first of the rivo nuisance activities referred to in subsection (c), [he Di- rector of Public Safety or his or her designee may declare the property to be a nuisance under this chapter. Once a property has been declared a nuisance [hen any subsequent occurrence of any activity listed in sub- section (a) may cause another nuisance declaration. The cost of re- sponding to the nuisance activity shall be assessed on the nuisance property. The nuisance declaration may come before or after the City has incurred the response costs. The costs shall be calculated as set forth in subsection (g) hereof. The City shall provide notice to the owner of the nuisance property to pay the costs of abatement at least thirty (30) days before such costs are certified to the County Auditor for assessment against the property, and such notice shall contain a descrip- tion of the nuisance activity that is the basis for the notice of intent to assess the property, and the cost to abate. If the same is not paid within thirty (30) days of the mailing of the notice, such amount may be certi- fied to the County Auditor for collection as other taxes and assessments are collected, or the City may seek recovery of such costs by civil ac- tion. Notice shall be served prusuant to the Ohio Rules of Civil Proce- dure. (e) Reconsideration Request. The oumer of a nuisance property who re- ceives anuisance declaration notice from the Director of Public Safety or his or her designee pursuant to subsectiar (d) may appeal such notice by submitting a written request for reconsideration to the Director of Public Safety. If the Director of Public Safety or his or her designee finds that the facts presented do not constitute a public nuisance then the Director of Public Safety or his or her designee shall rescind the no- tice. Othervise the Director of Public Safety or his or her designee shall deny the request and advise the appellant in writing of the denial and of the appellant's right to file an appeal to the Board of Nuisance Abate- mentAppeals. (f) Appeal to the Board of Nuisance Abatement Appeals. The owner may appeal the denial of the request for reconsideration by submitting a written appeal letter to the Board of Nuisance Abatement Appeals within thirty (30) days of the date of the denial. Any such appeal shall not stay any actions by the City to abate the first or any subsequent nui- sance activity. hr any such appeal, the City must show by a preponder- ance of the evidence that each nuisance activity stated in the notice be- ing appealed, or if the activities stated in the notice number more than tluee, each nuisance activity for which the Ciry seeks compensation, has occurred, and that the declaration of the property as a nuisance property or of the intent of the City to assess the property for abatement costs, whichever is applicable, is justified. If a nuisance activity has been evi-