A. Hearing On Abatement, Costs: If the owner of the land or the owner of the vehicle files a written request therefor with the Town Manager within ten (10) days after the mailing of the notice of intention to abate, a public hearing shall be held on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. Notice of hearing shall be mailed at least ten (10) days before the hearing by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially as provided in the form on file with the Town Clerk. (Ord. 75, 7-11-1996; amd. 2000 Code)
B. Abatement Without Hearing: If no written request for a public hearing is received by the Town Manager within the time allowed, the Town Manager, shall have the authority to abate and remove the vehicle or parts thereof without a hearing.
C. Notice Of Hearing To Highway Patrol And Chief Of Police: Notice of hearing shall also be given to the California Highway Patrol and to the Chief of Police of the Town, identifying the vehicle or parts thereof proposed for removal, such notice to be mailed at least ten (10) days prior to the hearing.
D. Hearing Officer: All hearings under this Chapter shall be held before a hearing officer. The hearing officer shall be appointed by the Town Manager.
E. Hearing Officer Powers And Duties: The hearing officer shall hear all facts and testimony deemed pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts 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 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 reasons for such denial.
F. Findings And Determination By Hearing Officer: The hearing officer may impose such conditions and take such other action he 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 parts thereof if, in his opinion, the circumstances so justify. At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts 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 parts thereof is located. The order requiring removal shall include a description of the vehicle or parts thereof and, if reasonably ascertainable, the correct vehicle identification number and license number of the vehicle. If an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision.
G. Determining Costs: The hearing officer, after hearing all testimony, may determine that the costs of removal and cost of administration be paid by the owner of the land, the owner of the vehicle, or the Town.
H. Administrative Costs: The Town 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 parts thereof) under this Chapter. (Ord. 75, 7-11-1996)