A. Whenever the Director, or his designee summarily abates an encroachment, as specified in Section 16.11.020, and the ownership of that encroachment is known or can be readily determined from identification on the encroachment, and the encroachment has, in the opinion of the Director, a value of five hundred dollars or more, than the Director shall provide the owner with the opportunity for a post-seizure notice and hearing to determine the validity of the seizure.
B. Notice of such seizure shall be mailed or personally delivered to the registered and legal owners within forty-eight hours, excluding weekends and holidays, and shall include the following information:
1. The name, address and telephone number of the Director;
2. The location of the place from which the encroachment was seized and a description of the encroachment;
3. The authority and purpose for the removal of the encroachment; and
4. Specify that, in order to receive their post-seizure hearing, such owners, or their agents, must request the hearing in person, writing, or by telephone within ten days of the date appearing on the notice.
C. Any such hearing shall be conducted within forty-eight hours of the request, excluding weekends and holidays. The Director may authorize a City officer or employee to conduct the hearing, so long as such hearing officer is not the same person who directed the storage of the encroachment.
D. Failure of either the owner, or his agent, to request or to attend a hearing as scheduled shall satisfy the post-storage validity hearing requirement of this section.
E. The City shall be responsible for the cost incurred for seizing if it is determined at the hearing that probable cause for the storage cannot be established.
(Ord. 2762 (part), 1991).