§ 5.24.060. Hearing—Conduct

A.

Upon receipt of a written request for hearing from the owner of the vehicle or owner of the land within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the police chief on the question of abatement and removal of the vehicle (or parts thereof) as an abandoned, wrecked, dismantled, or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle (or parts thereof) against the property on which it is located.

B.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the sharing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

If such a request for hearing is not received within said ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle (or parts thereof) as a public nuisance without holding a public hearing.

C.

All hearings under this chapter shall be held before the police chief, as the hearing officer who shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

D.

The hearing officer may impose such conditions and take such other action deemed appropriate under the circumstances, to carry out the purpose of this chapter. He may delay the time for removal of the vehicle, (or parts thereof) if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle (or parts thereof) have been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of an hereinafter provided and determine the administrative costs and the cost of removal to be charges against the owner of the land. The order requiring removal shall include a description of the vehicle (or parts thereof) and the correct identification number and license number on the vehicle, if available at the site.

E.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

F.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision.

(Ord. No. 260)