A. Owner's Right To Hearing: If the owner of the vehicle or the owner of the land requests a hearing, or if the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle or part thereof on his land, within ten (10) days after the mailing of the notice of intention to abate and remove the vehicle or part thereof, the board shall hold a public hearing on the question of abating and removing the vehicle or part thereof. The presence of the owner of the land shall not be required at the hearing if he has submitted such a sworn written statement within the required time. If such a request or sworn statement is not received within such period, the chief of police shall have the authority to order the removal of the vehicle or part thereof.
B. Action By Hearing Body:
1. All hearings under this chapter shall be held before the board which shall hear all facts and testimony it deems pertinent. The 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 board shall not be limited by the technical rules of evidence.
2. The owner of the land on which the vehicle or part thereof is located may appear in person at the hearing, or present a sworn written statement denying responsibility for the presence of the vehicle on the land with his reasons for such denial. If it is determined at the hearing that the vehicle or part thereof was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the board shall not assess costs of administration or removal of the vehicle or part thereof against the property upon which the vehicle or part thereof is located or otherwise attempt to collect such cost from such owner.
3. The board may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it.
4. At the conclusion of the public hearing, the board 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 that the administrative costs and costs of removal be charged against the owner of the parcel of land on which the vehicle or part thereof is located.
5. 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. (Ord. 09-230, 1-8-2009)