All hearings under this article shall be held before the city manager or their designee, who shall be the hearing officer. The hearing officer shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning the vehicle's location on the private property or public property. The hearing officer shall not be limited by the technical rules of evidence. 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 reasons for such denial.
The hearing officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this article. This may delay the time for removal of the vehicle, or part thereof, if, in the opinion of the hearing officer, the circumstances justify the delay. At the conclusion of the public hearing, the hearing officer may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and may 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 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.
If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that they have 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 such land owner.
If an interested party makes a written presentation to the hearing officer but does not appear, or 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, they shall be notified in writing of the decision.
The hearing officer's decision shall become final five days after mailing of the hearing officer's written decision unless a timely appeal is filed pursuant to WMC §
8.10.300.
(Ord. 769-26, 2-24-2026)