Anyone receiving a notice of Use Nuisance can register an appeal. The Use Nuisance Appeals Board is comprised of five representatives; two Building Services representatives, one Fire Department representative, one Police Department representative and a Planning Department representative. An Assistant City of Dayton Attorney presides over the Board and its hearings.
The Board makes the decision at the hearing as to what action should be taken. A Police detective presents the case to the Use Nuisance Appeals Board. The detective presents the case from file notes, arrest reports and information about the case received from the investigating officers. The Board must determine three things: First, is this a public nuisance? Second, did the appellant have the knowledge of the illegal activity? Third, what should be done about the nuisance?
Possible decisions of the Board include:
- Ordering only the guilty resident(s) off the premises immediately and allowing the other residents to remain in the property;
- Ordering all the residents to leave the premises immediately;
- Giving residents a specified number of days they can remain in the premises before being subject to arrest;
- Giving a 365-day probationary vacate order, which means resident can remain in the premises but are subject to immediate removal if there is another occurrence within the 365 days;
- Ordering the property completely vacated and not habitable for 365 days (this usually happens only when a landlord is not cooperative).
The Use Nuisance Appeals Board makes a final, appealable decision, and that order is created and kept on file in the City of Dayton One-Stop Center, located at 371 W. Second St. A landlord may receive a copy of the decision order upon request. It sometimes happens that no one is ordered off the property by the Use Nuisance Appeals Board. But a landlord, of his or her own accord, may evict the tenants as a result of learning of the tenants’ illegal activities.