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(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 of <br />Zoning Appeals. An appeal to the Board of Zoning Appeals shall be made within <br />fifteen (15) days of the postmark date of the decision from the Director of Public <br />Safety denying the request for reconsideration. The Board shall conduct a hearing <br />and render a decision in accordance with City ordinances and rules governing its <br />conduct and procedure. An appeal to the Board of Zoning Appeals shall not stay <br />any actions by the City to abate any subsequent nuisance activity. In an appeal to <br />the board of Zoning Appeals of a nuisance declaration notice, the City must show <br />by a preponderance of the evidence that there was probable cause to believe that <br />each nuisance activity stated in the notice being appealed has occurred, and that <br />the declaration of the property as a nuisance property is justified. In an appeal to <br />the Board of Zoning Appeals of a notice charging the cost of abating nuisance <br />activity, or a notice that the cost of abatement shall be certified to the County <br />Auditor, the City must show by a preponderance of the evidence that the charging <br />of abatement costs or the certification of abatement costs is justified. The owner <br />may prevail on appeal of any notice if the owner demonstrates by a <br />preponderance of the evidence that: <br />(1) He or she was not the owner at the time of any of the nuisance activity <br />that is the basis of the notice; or <br />(2) He or she had knowledge of the nuisance activity, but promptly and <br />vigorously took all actions necessary to abate the nuisance activity <br />including, without limitation, compliance with the requirements of <br />division (C) of Section 5321.17 and division (A)(9) of Section 5321.04 <br />of the Revised Code; or <br />(3) He or she had no knowledge of the nuisance activity and could not, <br />with reasonable care and diligence, have known of the nuisance <br />activity; and upon receipt of the notice of the declaration of the <br />property as a nuisance property he or she promptly took all actions <br />necessary to abate the nuisance including, without limitation, <br />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 />(4) The nuisance activity consists of a criminal offense or offenses <br />committed or alleged to have been committed by the independent <br />actions of third parties, including invitees upon the premises, and <br />whose activities are not supervised, directed or reasonably within <br />the control of the owner or tenant. <br />SECTION 2: That this Ordinance shall take effect and be in force from and after <br />the earliest date provided for by law. <br />9 <br />