§ 9-55

(a) If a request for hearing is made by the owner of the vehicle, trailer or boat, or part thereof, or the owner of the land within ten days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the Hearing Officer established pursuant to City Code Section 3-15.070 on the question of the abatement and removal of the vehicle, trailer or boat, or parts thereof, as an abandoned, wrecked, dismantled,inoperative,orunlawfullystoredvehicle,trailer or boat, and the assessment of the administrative costs

and the costs of the removal of the vehicle, trailer or boat, or parts thereof, against the property on which the vehicle, trailer or boat, or parts thereof, is located.

(b) If the owner of the land submits a sworn written statement within such ten day period denying responsibility for the presence of the vehicle, trailer or boat, or parts thereof, on his land, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed at least ten days before the hearing to the owner of the land and to the owner of the vehicle, trailer or boat, or parts thereof, unless the vehicle, trailer or boat is in such condition that identification numbers are not available to determine ownership.

(c) If no request for a hearing or sworn statement is received within ten days after the mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle, trailer or boat, or parts thereof, as a public nuisance without holding a hearing. (Amended by Ord. 71-169 § 1 (part), 1997; Ord. 224 § 2 (part), 2003)

(a) All hearings requested by the owners of the vehicles, trailers or boats, or parts thereof, or by the owners of the land, as set forth in Sections 9-55.080 and 9-55.090, shall be held before the Hearing Officer who shall hear all facts and testimony he or she deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, trailer or boat, or parts thereof, and the circumstances concerning its location on private or public property. The Hearing Officer 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, trailer or boat, or parts thereof, on the land, with his reasons for such denial.

(b) The Hearing Officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purposes of this Article. The Hearing Officer may delay the time for the removal of the vehicle, trailer or boat, or parts thereof, if, in his or her opinion, the circumstances so justify. At the conclusion of the hearing, the Hearing Officer may find that a vehicle, trailer or boat, or parts thereof, has been abandoned, wrecked, disman-

(Saratoga Supp. No. 40, 1-17)

189

9-55.100

tled, inoperative, or unlawfully stored on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this Article, 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, trailer or boat, or parts thereof, and the correct identification number and license number of the vehicle, trailer or boat, if available.

(c) If it is determined at the hearing that the vehicle, trailer or boat, was placed on the land without the consent of the owner of the land and that he or she has not subsequently consented to the presence of the vehicle, trailer or boat, or parts thereof, on his or her land, the Hearing Officer shall not assess the costs of administration or removal of the vehicle, trailer or boat against the property upon which the vehicle, trailer or boat is located or otherwise attempt to collect such costs from such owner of the land.

license plates. (Amended by Ord. 224 § 2 (part), 2003)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 9-55.100 are not paid within thirty days after the date of the order, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code and shall be transmitted to the County Tax Collector for collection. Such assessment shall have the same priority as other City taxes. (Amended by Ord. 224 § 2 (part), 2003)

(d) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle, trailer or boat on his or her land but does not appear at the hearing, such owner shall be notified in writing of the decision. The decision of the Hearing Officer shall be final. (Amended by Ord. 71-169 § 1 (part), 1997; Ord. 224 § 2 (part), 2003)

After the expiration of five days from adoption of the order declaring the vehicle, trailer or boat, or parts thereof, to be a public nuisance, or the expiration of five days from the date of mailing notice of the decision, if such notice is required by the provisions of Section 9-55.100, the vehicle, trailer or boat, or parts thereof, may be disposed of by removal to a scrapyard or dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code. (Amended by Ord. 224 § 2 (part), 2003)

Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and

190

(Saratoga Supp. No. 40, 1-17)

9-60.040