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(d) Nuisance Abatement Plan. The owner of a nuisance property may avoid being <br />charged the cost of abating future nuisances if the owner meets with the Director <br />of Public Safety; presents a plan to prevent further nuisance activity and that plan <br />is approved by the Director of Public Safety; and implements the plan. <br />(e) Appeal. The owner of a nuisance property who receives a notice declaring the <br />owner's property to be a nuisance property, a notice charging the cost of abating <br />nuisance activity, or a notice that the cost of abatement shall be certified to the <br />County Auditor, may appeal the notice by submitting a written request to <br />reconsider to the Director of Public Safety within ten (10) days of the date of the <br />notice. If, after a decision on that request, the owner disagrees with the decision, <br />the owner may appeal the decision of the Director of Public Safety to the Board <br />of Zoning Appeals. An appeal to the Board of Zoning Appeals shall be made <br />within fifteen (15) days of the postmark date of the decision from the Director of <br />Public Safety denying the request for reconsideration. The Board shall conduct a <br />hearing and render a decision in accordance with City ordinances and rules <br />governing its conduct and procedure. An appeal to the Board of Zoning Appeals <br />shall not stay any actions by the City to abate any subsequent nuisance activity. <br />In an appeal to the board of Zoning Appeals of a nuisance declaration notice, the <br />City must show by a preponderance of the evidence that there was probable cause <br />to believe that each nuisance activity stated in the notice being appealed has <br />occurred, and that the declaration of the property as a nuisance property is <br />justified. In an appeal to the Board of Zoning Appeals of a notice charging the <br />cost of abating nuisance activity, or a notice that the cost of abatement shall be <br />certified to the County Auditor, the City must show by a preponderance of the <br />evidence that the charging of abatement costs or the certification of abatement <br />costs is justified. The owner may prevail on appeal of any notice if the owner <br />demonstrates by a preponderance of the evidence that: <br />(1) He or she was not the owner at the time of any of the nuisance activity that is the <br />basis of the notice; or <br />(2) He or she had knowledge of the nuisance activity, but promptly and vigorously <br />took all actions necessary to abate the nuisance activity including, without <br />limitation, compliance with the requirements of division (C) of Section 5321.17 <br />and division (A)(9) of Section 5321.04 of the Revised Code; or <br />(3) He or she had no knowledge of the nuisance activity and could not, with <br />reasonable care and diligence, have known of the nuisance activity; and upon <br />receipt of the notice of the declaration of the property as a nuisance property he or <br />she promptly took all actions necessary to abate the nuisance including, without <br />limitation, compliance with the requirements of division (C) of Section 5321.17 <br />and division (A) (9) of Section 5321.04 of the Revised Code. <br />BE AMENDED AND, AS AMENDED, SHALL READ AS FOLLOWS: <br />5 <br />