Chapter 7.08 — HEARINGS

(a)

A public hearing shall be held on the question of abatement and removal of the vehicle or part 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 part thereof against the property on which it is located.

(b)

Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized county assessment roll and to the last registered and legal owner of record unless vehicle is in such condition that identification numbers are not available to determine ownership.

(c)

If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return.

(Code 1969, § 7.08.010; Ord. No. 306, § 1(part), 1970; Ord. No. 351, § 4, 1971)

(a)

All hearings under this title shall be held before the city council which shall hear all facts and testimony it deems 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 city council 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.

(b)

The city council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this title. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council 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 hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. 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.

(c)

If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the city council shall not assess 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 land owner.

(d)

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 city council but does not appear, he shall be notified in writing of the decision.

(Code 1969, § 7.08.020; Ord. No. 306, § 1(part), 1970; Ord. No. 351, §§ 5, 6, 1971)

(a)

The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 7.08.010.

(b)

In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Code 1969, § 7.08.030; Ord. No. 306, § 1(part), 1970)