§ 9.58.120. Hearing—Code enforcement commission authority—Procedures required.

A.

All hearings under this chapter shall be held before the code enforcement commission at its regularly scheduled meetings. The board shall hear all facts and testimony it deems pertinent, including testimony on the location and condition of the vehicle or parts thereof. The code enforcement commission 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 on the land, with his reasons for denial.

B.

The code enforcement commission may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify such delay. At the conclusion of the public hearing, the code enforcement commission may find that a vehicle (or parts thereof) has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine whether the administrative costs and the cost of removal should be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license of the vehicle, if available at the site.

C.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced to its presence, the administrative costs and the cost of removal of the vehicle shall not be assessed against the property upon which the vehicle is located or otherwise collected from the landowner, but shall be collected from the registered owner of the vehicle, if possible, or shall be borne by the city.

D.

Anyone submitting a sworn written statement or other written presentation, who does not appear at the hearing, shall be notified in writing of the decision.

(Ord. 6518 § 5 (part), 1993; Ord. 6229 § 16, 1987; Ord. 5242 § 12, 1975)