(a) 
The city manager or his designee shall appoint an individual to preside as the administrative hearing officer. The administrative hearing officer shall be authorized to administer oaths and issue orders compelling the attendance of witnesses and the production of documents.
(b) 
A public administrative hearing shall be held no earlier than 30 days and no later than 60 days after the date of the notice to abate the junked vehicle, in accordance with division 2 of this article.
(c) 
The person who issued the citation or summons is not required to attend a hearing under this section.
(d) 
A person charged with civil liability under this section is not required to appear at a hearing authorized under this section. A person charged with the violation who fails to appear at a hearing authorized under this section is considered to admit liability for the violation charged.
(e) 
The hearing officer may proceed with the hearing without the presence of the person charged as long as the notice provision in division 2 of this article was complied with.
(2001 Code, sec. 46-68; Ordinance 17-2006, sec. 1, adopted 3/7/06)
The hearing officer may charge reasonable fees and expenses for each junked vehicle or part thereof, not to exceed an amount established by separate ordinance.
(2001 Code, sec. 46-69; Ordinance 17-2006, sec. 1, adopted 3/7/06)
The municipal court may enforce an order of a hearing officer compelling the attendance of a witness or the production of a document.
(2001 Code, sec. 46-70; Ordinance 17-2006, sec. 1, adopted 3/7/06)
(a) 
A citation or summons issued as part of a procedure adopted under this division must:
(1) 
Notify the person charged with violating the ordinance that the person has the right to a hearing; and
(2) 
Provide information as to the time and place of the hearing.
(b) 
The original or a copy of the citation or summons shall be kept as a record in the ordinary course of business of the city and is rebuttable proof of the facts it states.
(2001 Code, sec. 46-71; Ordinance 17-2006, sec. 1, adopted 3/7/06)
(a) 
At a hearing under this section, the hearing officer shall issue an order stating whether the person charged with violating this article is liable for the violation and the amount of a penalty, cost, or fee assessed against the person.
(b) 
An order issued under this section may be filed with the city clerk. The city clerk shall keep the order in a separate index and file. The order may be recorded using microfilm, microfiche, or data processing techniques.
(c) 
Any order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site.
(2001 Code, sec. 46-72; Ordinance 17-2006, sec. 1, adopted 3/7/06)
If at the administrative hearing, it is determined that the person charged with violating this article is in violation of this article, the city manager or his designee shall thereafter dispose of the motor vehicle in such a manner consistent with state law and division 5 of this article.
(2001 Code, sec. 46-73; Ordinance 17-2006, sec. 1, adopted 3/7/06)
An order issued under this section against a person charged with an ordinance violation may be enforced by filing a civil suit for the collection of a penalty assessed against the person and obtaining an injunction that prohibits specific conduct that violates the ordinance or requires specific conduct necessary for compliance with the ordinance.
(2001 Code, sec. 46-74; Ordinance 17-2006, sec. 1, adopted 3/7/06)
(a) 
A person who is found by a hearing officer to have violated an ordinance may appeal the determination by filing a petition in municipal court before the 31st day after the date the hearing officer’s determination is filed.
(b) 
An appeal does not stay enforcement and collection of the judgment unless the person, before filing the appeal, posts a bond with an agency designated for that purpose by the municipality.
(c) 
An appeal under this section shall be de novo.
(2001 Code, sec. 46-75; Ordinance 17-2006, sec. 1, adopted 3/7/06)