Chapter 10.68 ABANDONED VEHICLES ON PUBLIC OR PRIVATE PROPERTY
Section 10.68.110 Public hearing--Action by chief of police.
A. All hearings under this chapter shall be held before
the chief of police or his or her
designee, who shall hear all facts and testimony he deems pertinent. Such facts and testimony
may include testimony on the condition of the vehicle or parts thereof and the circumstances
concerning its location on the private property or public property. In conducting the hearing
the
parties 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
such denial.
B. The chief of police or his or her designee may impose
such conditions and take such other
action as he deems appropriate under the circumstances to carry out the purpose of this chapter.
He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the
circumstances justify it. At the conclusion of the public hearing, the chief of police 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 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 or parts thereof and the correct identification number and license
number 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 in its presence, the chief of
police shall not assess the costs of administration or removal of the vehicle against the property
upon which the vehicle is located or otherwise attempt to collect such cost from such owner of
the land.
D. 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, or, if an interested party makes a written
presentation to the Chief of Police but does not appear, he shall be notified in writing of the
decision. (Ord. 486 § 4 (part), 1992: prior code § 13-17.11)