(A) All hearings under this chapter shall be held before the Chief of Police or his or her deputy who shall hear all facts and testimony he/she 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. 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, and deny responsibility for the presence of the vehicle on the land with his or her reasons for such denial.
(B) The hearing officer may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this chapter. He/she may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. Circumstances that justify a delay of time shall be inclement weather conditions or facts which give such hearing officer a reasonable belief that within five days such vehicle shall be removed by owner. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned as set out in §§ 90.02, 90.03, and 90.04, and order the same removed from the property as in violation of such section and disposed of as hereinafter provided; 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 shall be proved by the landowner by a preponderance of the evidence affirmatively shown at the hearing that the vehicle was placed on the land without the consent of the landowner and that he/she has not subsequently acquiesced in its presence, or despite the fact that the vehicle was originally placed on the land with the consent of the landowner, the vehicle was subsequently abandoned on the land without the consent of the landowner, the hearing officer 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 such costs from such landowner; provided, however, that the hearing officer may have discretion to impose a requirement that the land be posted with signs in such size and number to be determined by the hearing officer prohibiting dumping of vehicles or other material or trespassing on the land. Failure of the landowner to obey an order to post signs shall result in the liability of the landowner for the cost of removal of any vehicles found abandoned on the land 30 days after the date of any order in writing rendered by the hearing officer requiring the posting of the signs.
(D) Costs will be assessed against and billed to the last registered and legal owner of the vehicle if it is determined that the last registered and legal owner was responsible for or acquiesced in the presence of the vehicle or part thereof on the private or public property.
(E) If an interested party makes a written presentation to the hearing officer, but does not appear, he/she shall be notified in writing of the decision.
('72 Code, § 95.019.3) (Ord. passed 8-1-83)