Yes, the owner may file an appeal with the Chief of Police for any notice sent under this law within 30 days of the date of the notice. If the Chief determines the facts do not support the declaration of nuisance, the Chief will rescind the notice. If the Chief finds that the facts do support the declaration, the Board of Appeals will hear the appeal. An appeal will not stop the City from taking enforcement action or pursuing criminal prosecution.
On appeal, in order to overturn the nuisance declaration, the owner must show that:
- He/she had knowledge of the nuisance activity, but took action to stop the activity from occurring
- He/she had no knowledge, but as soon as he/she received notice, the owner took action to stop it from happening again.
- He/she was not the owner at the time of any one of the nuisance activities