All hearings under this chapter shall be held before the City Council, or any person they may designate to hear the matter, who may hear all the relevant evidence pertaining to the alleged public nuisance, including testimony on the condition of the vehicle, or parts thereof, the circumstances concerning its location on the private or public property, and the costs of removal and disposal.
The hearing need not be conducted according to technical rules relating to evidence and witnesses. The hearing shall commence within 20 days of the filing of the written request, and it may be continued from time to time. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine witnesses. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing denying responsibility for the presence of the vehicle on his or her land, with his or her reasons for such denial.
After the conclusion of the hearing, the City Council may:
(a) Impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this chapter;
(b) Delay the time for removal of the vehicle, or parts thereof, if, in its opinion, the circumstances justify it; or
(c) Find that the vehicle, or parts thereof, has been abandoned, wrecked, dismantled or is inoperative on private or public property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the cost of removal and charge the same against the owner or other person in possession of the parcel of land on which the vehicle, or parts thereof, is located, or against the owner of the vehicles, or against them jointly. Any such order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicles 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 landowner and that he or she has not subsequently acquiesced in its presence, the City Council shall not charge the costs of administration or of removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. |
If an interested party makes a written presentation to the City Council but does not appear. he or she shall be notified in writing of the decision. |
(Ord. 56 § 6-7.09, 1982)