§ 10.04.090. Hearing—Decision.

All hearings under this chapter shall be held before the director of code enforcement or his or her designated subordinate as a hearing officer, who shall hear all relevant facts and testimony. The facts and testimony may include evidence on the condition of the vehicle or part 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 vehicle or 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 or her reasons for such denial.

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 purpose of this chapter. He or she may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find and order the same recovered from the property as a public nuisance and disposed of hereinafter provided and determine the administrative costs, including attorney fees, and the cost of removal 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.

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 or she has not subsequently acquiesced in its presence, the hearing officer 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 the land owner.

Where there is no parcel of land against which costs shall be assessed because the vehicle was abandoned on public property, administrative costs, including attorney fees, and the costs of removal shall be sought from the abandoned vehicle abatement service authority program.

If an interested party makes a written representation to the hearing officer but does not appear, he or she shall be notified in writing of the decision.

(Ord. 520.7 §§ 8, 10 (part), 2008: Ord. 520.6 § 9, 1993)