(A) All hearings under this subchapter shall be held before the Board of Commissioners, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The Board of Commissioners shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn 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.
(B) The Board of Commissioners may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this subchapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Board of Commissioners 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, as hereinafter provided, and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts 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 the consent of the owner of the land and that he or she has not subsequently acquiesced to its presence, the Board of Commissioners shall not assess the 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 owner of the land.
(D) 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, or if an interested party makes a written presentation to the Board of Commissioners but does not appear, he or she shall be notified in writing of the decision.
(E) Such appeal shall be heard by the Board of Commissioners, which may affirm, amend or reverse the order or take other action deemed appropriate.
(F) The Clerk/Auditor shall give written notice of the time and place of the hearing to the appellant and those persons specified in § 91.43 of this subchapter.
(G) In conducting the hearing, the Board of Commissioners shall not be limited by the technical rules of evidence.
(Ord. 2000-3-1, passed 3-20-2000)