§ 111.149. Appeal of the order to comply; hearing.

A.

Appeal. Any interested party affected by a notice and order to comply and wishing to appeal such order (the "appellant") may request a hearing on the matter before the director. The appellant shall file, in the office of the director, a written request for a hearing (the "appeal"), and shall set forth the appellant's name, address and phone number, the address of the property affected, and a brief statement of the grounds for the appeal. Appeals must be personally served or postmarked within seven days after the order is served upon or mailed to the appellant or posted on the donation box, whichever occurs first, and must be accompanied by a nonrefundable deposit of fifteen dollars ($15.00).

B.

Hearing.

1.

Upon receipt of the appeal, the director shall set a time and place for a hearing. Written notice of the hearing shall be sent to the appellant by regular mail to the address provided in the appeal. The hearing shall be held within a reasonable time after an appeal has been filed.

2.

At the hearing, the appellant shall be given an opportunity to be heard and to show cause why the order should be modified or dismissed. The failure of the appellant or his/her representative to appear and present the appellant's position at the hearing shall be grounds for dismissal of the appeal.

C.

Decision of the Director. Upon consideration of the evidence presented at the hearing, the director shall issue a decision affirming, modifying or dismissing the order and stating the basis for his/her decision. The appellant shall be notified in writing of the decision at the address provided in the appeal.

D.

Appeal of Decision of the Director. An appellant who appeared at the hearing and is aggrieved by the decision of the director may seek relief therefrom pursuant to Ohio Revised Code Chapter 2506.

(Ord. 93-2015)