2008-062 Ordinance - Laserfiche WebLink

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Ordinance No. 2008-62 at least thirty (30) days before the costs are certified to the County Auditor. The notice shall contain a street address or legal description of the property, a description of the nuisance activities and the cost to abate. Notices shall be served as set forth in division (a) of this section. The Director of Law may take any other action necessary to collect the costs of abatement. (c) Costs of Abatement. Costs of abatement shall be determined based on the time required to respond to the nuisance activity multiplied by an hourly rate based upon the wages and benefits of a police officer, animal warden, building department inspector or other enforcement officer, dispatch costs, vehicle and equipment costs, and supervisory and administrative costs. The hourly rate may be adjusted based on the number of police officers and/or other City employees required to abate the nuisance. (d) Nuisance Abatement Plan. The owner of a nuisance property may avoid being charged the cost of abating future nuisances if the owner meets with the Director of Public Safety; presents a plan to prevent further nuisance activity and that plan is approved by the Director of Public Safety; and implements the plan. (e) Appeal. The owner of a nuisance property who receives a notice declaring the owner's property to be a nuisance property, a notice charging the cost of abating nuisance activity, or a notice that the cost of abatement shall be certified to the County Auditor, may appeal the notice by submitting a written request to reconsider to the Director of Public Safety within ten (10) days of the date of the notice. If, after a decision on that request, the owner disagrees with the decision, the owner may appeal the decision of the Director of Public Safety to the Board of Zoning Appeals. An appeal to the Board of Zoning Appeals shall be made within fifteen (15) days of the postmark date of the decision from the Director of Public Safety denying the request for reconsideration. The Board shall conduct a hearing and render a decision in accordance with City ordinances and rules governing its conduct and procedure. An appeal to the Board of Zoning Appeals shall not stay any actions by the City to abate any subsequent nuisance activity. In an appeal to the board of Zoning Appeals of a nuisance declaration notice, the City must show by a preponderance of the evidence that there was probable cause to believe that each nuisance activity stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property is justified. In an appeal to the Board of Zoning Appeals of a notice charging the cost of abating nuisance activity, or a notice that the cost of abatement shall be certified to the County Auditor, the City must show by a preponderance of the evidence that the charging of abatement costs or the certification of abatemen', costs is justified. The owner may prevail on appeal of any notice if the owner demonstrates by a preponderance of the evidence that: (1) He or she was not the owner at the time of any of the nuisance activity that is the basis of the notice; or 5