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All hearings under this chapter shall be held before the Chief of Police or his deputy who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part 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 on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.
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. He may delay the time for removal of the vehicle or part 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 part 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 parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.
If it shall be proved by the land owner by a preponderance of the evidence affirmatively shown at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess 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 land owner.
Said costs will be assessed against and billed to the last registered and legal owner of the vehicle if it is determined that the last registered and legal owner was responsible for or acquiesced in the presence of the vehicle or part thereof on the said private or public property.
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. 2631 § 1 (part); January 21, 1969.)