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The hearing officer shall hear all facts and testimony which 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 hearing officer shall not be limited by the technical rules of evidence, but may consider any evidence upon which a prudent person might rely in arranging his or her own affairs. 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 such denial. (Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.110)
The hearing officer 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. The hearing officer 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 hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order it removed from the property as a public nuisance and disposed of as provided in this chapter and determine the administrative costs and the costs 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 number and license number of the vehicle. If an interested party make a written presentation to the hearing officer but does not appear, he or she shall be notified in writing on the decision.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.120)
The city manager shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.140)
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the city clerk within ten days after the date of mailing of the decision. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.40.080.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.150)
The appeal shall be heard by the city council which may affirm, amend, or reverse the order of the hearing officer or take such other action as the council may deem to be appropriate. In conducting the hearing, the city council shall follow the hearing procedures and exercise the same powers as are set forth in this chapter for the hearing officer.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.160)
When the city has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized, subject to applicable law, to enter private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.170)
Ten days from the date of mailing of notice of the decision by the hearing officer, or fifteen (15) days after the action of the city council authorizing removal following appeal, the vehicles or parts thereof may be disposed of by the city manager, by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code.
(Ord. 113 § 4, 1993: Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.180)
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