All hearings held pursuant to the provisions of this chapter shall be held before the Community Development Director, who shall hear all facts and testimony he 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 Community Development Director 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 reasons for such denial.
The Community Development Director may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the provisions of this chapter. He may delay the time for the removal of the vehicle, or part thereof, if, in his opinion, the circumstances so justify. At the conclusion of the public hearing, the Community Development Director may find that a vehicle, or part 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 costs of removal to be charged against the owner of the land. 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.
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 has not subsequently acquiesced in its presence, the Community Development Director 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.
If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the Community Development Director but does not appear, such person shall be notified in writing of the decision.
(§ 2, Ord. 213-NS, eff. June 24, 1971)