If a hearing following receipt of a notice as provided for in section 8-26 is demanded, the hearing shall be held within five (5) days after the demand is made and shall be conducted by the code enforcement officer, who shall hear all the facts and testimony on the condition of the junked motor vehicle, appliance or other item of nuisance, and the circumstances concerning its location. Such hearing shall not be limited by the technical rules of evidence. The code enforcement officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this article. He may delay the time for removal of the junked motor vehicle, appliance or other item of nuisance, if, in his opinion, circumstances justify it. At the conclusion of any hearing, the code enforcement officer may find that a nuisance item, junked motor vehicle or appliance 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 order disposal of same. The order requiring removal shall include a description of the nuisance item, junked appliance or junked motor vehicle, and the correct identification number and state license tag number of the junked motor vehicle or mobile home, if available at the site.
(Code 1977, § 65.020(5)(c); Ord. No. 1692, § 5, 11-28-05)