§ 10.64.110. Conduct of hearing and order of removal.

All hearings under this chapter shall be held before the City Manager, or some person duly authorized by him or her (hereinafter called "Hearing Officer"), who shall hear all facts and testimony, which may include testimony on the condition of the vehicle(s), or parts thereof, and the circumstances concerning its location on the said private property 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(s) 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. The time for removal of the vehicle(s) or parts thereof may be delayed if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing the Hearing Officer may find that said vehicle(s), or parts thereof, has/have been abandoned, wrecked, dismantled, or is/are inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle(s), or parts thereof, and the correct identification number and license number of the vehicle(s), if available at the site.

If it is determined at the hearing that the vehicle(s) was/were placed on the land without the consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the Hearing Officer shall not assess the costs of administration or removal of the vehicle(s) against the property upon which the vehicle(s) is/are located or otherwise attempt to collect such costs from such owner of the land.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle(s) on his or her land but does not appear, or if an interested party makes a written presentation to the Hearing Officer but does not appear, he or she shall be notified in writing of the decision.

Decisions made and determinations rendered by the Hearing Officer shall be in all cases final and conclusive. The limitation period provided pursuant to California Code of Civil Procedure Section 1094.6 shall apply to all petition filers seeking judicial review of administrative determinations made by the Hearing Officer.

(Ord. 12411 § 1 (part), 2002: prior traffic code § 312)