Title 10 VEHICLES AND TRAFFIC
Chapter 10.16 ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES
10.16.130 Public hearing.
A. The public hearing under this chapter shall be held before the
municipal services manager who shall hear all facts and testimony he/she deems
pertinent. Said 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 municipal services manager
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/her reasons for such denials.
B. The
municipal services manager 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. The municipal services manager may delay the time for removal of
the vehicle or parts thereof if in his/her opinion, the circumstances justify
it. At the conclusion of the public hearing, the municipal services manager 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 and disposed of 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 in its presence, the municipal services manager 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 municipal services manager but does not appear, he/she shall be notified
in writing of the decision. (Ord. 824-97 § 2 (part))
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