§ 8.20.140. Abatement and removal—Conduct of hearings decision.

A.

All hearings under this Chapter shall be held before the Abandoned Vehicle Hearing Officer who shall hear all facts and testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence, however, the hearing shall be conducted formally, all testimony shall be sworn testimony, and the hearing shall be recorded. 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.

B.

The Hearing Officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this Chapter. The Hearing Officer 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 hearing, the Hearing Officer may find that a vehicle or parts thereof has 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 as hereinafter provided and determine the administrative costs and the cost of removal to be charged 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 of the vehicle, if available at the site, and a copy shall be filed with the City Clerk.

C.

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 it 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.

D.

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.

E.

If the Hearing Officer finds that the property owner did not consent or subsequently acquiesce to the presence of the vehicle or parts thereof, then the vehicle owner may be assessed for the costs of removal.

F.

If the vehicle or parts thereof is on public property, the owner of the vehicle may be assessed for the costs of removal.

(Ord. 634, 1986; Ord. 718, 1993)