§ 1303.10. Notice of violation appeal to the property maintenance appeals board.
Latest version.
Any person who is the subject of a notice of violation regarding a public nuisance
in connection with this Refuse Collection Code, or any rule or regulation, or policy
and procedure adopted pursuant thereto relating to the abatement of public nuisances
and not to the administration of matters relating to refuse collection, may request
and shall be granted a hearing before the property maintenance appeals board on all
matters set forth in such notice of violation. Appeals of any notice of violation
for an alleged violation of this Refuse Collection Code shall be made in writing to
the department of development within fifteen (15) calendar days of the date of service
of the notice of violation. This petition shall be limited to the notice which has
been issued and shall set forth the factual reasons why a particular violation or
violations is being appealed. Upon the receipt of such petition, the development department
director, acting as secretary to the board, shall set a time and place for such hearing
and shall give the petitioner written notice thereof. At such hearing the petitioner
shall be given opportunity to be heard and to show why such notice of violation relating
to the finding of facts regarding the public nuisance should be modified or withdrawn.
The scope of the board's authority shall be limited to a review of the notice of violation
to determine whether the notice of violation is supported by substantial, reliable,
probative evidence, and shall not permit or allow any use or requirement not otherwise
permitted. Subsequent requests for variances from the requirements of this code shall
be determined as prescribed. The board may postpone the date of hearing for a reasonable
time if in its judgment, the petitioner has submitted a good and sufficient reason
for such postponement.
The board shall be constructed, action of the board completed, and notification of
the petitioner made pursuant to Columbus City Code Chapters 4505 and 4509.
(Ord. 1415-02 § 16.)
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