§ 4-7.1910. Determinations at Hearing.

(a)

All hearings under this article shall be held before the City Manager or his/her designee who shall hear all facts and testimony the hearing officer deems pertinent. The facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on 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 and deny responsibility for the presence of the vehicle on the land. The owner of the land shall present reasons upon which he/she bases his/her denial of responsibility.

(b)

The hearing officer may impose such conditions and take such other action as the hearing officer deems appropriate under the circumstances to carry out the purpose of this article. The hearing officer may delay the time for removal of the vehicle, or parts thereof, if, in the hearing officer's opinion, the circumstances justify it.

(c)

At the conclusion of the public hearing the hearing officer may find that a vehicle, or parts thereof, in existence on public or private property, has been abandoned, wrecked, dismantled, or is inoperative, and order the same removed from the property as a public nuisance and disposed of as hereinafter provided. The hearing officer shall 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.

(d)

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 the owner 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.

(e)

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on the owner's 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.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)