A. All hearings under this chapter shall be held before the hearing board, which shall hear all facts and testimony it deems pertinent; such 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 hearing board shall not be limited to the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn 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 such denial.
B. The hearing 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. At the conclusion of the public hearing, the hearing board may find that a vehicle, or parts 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 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 consent of the land owner, and that he or she has not subsequently acquiesced in its presence, the hearing board shall not assess costs of administration or removal against the property upon which the vehicle is located, or otherwise attempt to collect such costs from such land owner.
D. If an interested party makes a written presentation to the hearing board but does not appear, he or she shall be notified in writing of the decision.
E. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, he or she shall be notified in writing of the decision.
(Ord. 716-2002 § I(part)).