(A) All hearings under this chapter shall be held before the Board of Zoning Adjustment, 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 private property or public property. The Board of Zoning Adjustment 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 at the hearing and deny responsibility for the presence of the vehicle on the land with his or her reasons for the denial.
(B) The Board of Zoning Adjustment 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. At the conclusion of the public hearing, the Board of Zoning Adjustment may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled or is inoperative on private or public property and by resolution order the same removed from the property as a public nuisance and disposed of as provided in this chapter 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 land owner and that he or she has not subsequently acquiesced in its presence, the Board of Zoning Adjustment 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 the costs from the land owner.
(D) If an interested party makes a written presentation to the Board of Zoning Adjustment, but does not appear, he or she shall be notified in writing of the decision.
(`78 Code, § 8.04.110.) (Ord. 2087 § 3, 1991.)