(A) All hearings under this chapter shall be held before the Chief of Police who shall hear all facts and testimony he or she 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 of public property. The Chief of Police 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 sworn statement, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.
(B) The Chief of Police may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. He or she may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the Chief of Police 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.
(C) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, the Chief of Police 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 landowner.
(D) If an interested party makes a written presentation to the Chief of Police but does not appear, he or she shall be notified in writing of the decision.
(E) Any interested person may appeal the decision of the Chief of Police by filing a written notice of appeal with the Chief of Police within five days after his or her decision.
(F) Such appeal shall be heard by the Council which may affirm, amend or reverse the order or take any other action deemed appropriate.
(G) The Clerk shall give at least five days’ prior written notice of the time and place of the hearing to the appellant and those persons set forth in § 93.08.
(Ord. 119, passed 4-21-1980)