A. Upon request by the owner of the vehicle or owner of the land, either received by the enforcement officer within ten days after the mailing of the notices of intention to abate and remove are made at the time of signing a release waiving any interest in the vehicle, or parts thereof, a public hearing shall be held before an administrative hearing officer appointed pursuant to Visalia Municipal Code Chapter 1.13. Requests for appeal by the owner of the vehicle or owner of the land shall be made pursuant to Visalia Municipal Code Section 1.13.080. The hearing shall decide issues related to whether sufficient grounds under this Chapter 10.32, existed to abate and remove the vehicle, or part thereof, as an inoperative, abandoned, wrecked or dismantled vehicle, and the assessment of the administrative costs and the cost of the removal of the vehicle or part thereof against the property on which it is located.
B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten day period, such statement shall be construed as a request for a hearing within such ten day period which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for a hearing is not received within ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or part thereof as a public nuisance without holding a public hearing. (Ord. 2009-05 § 5, 2009; Prior code § 4089)