§ 7.60.070. Hearing and decision.

(a)

Upon request of the owner of the vehicle or owner of the land received by the locally designated officer within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the hearing officer on the question of abatement and removal of the vehicle or vehicle parts as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and cost of removal of the vehicle or parts of a vehicle against the property on which it is located. If a request for a hearing is not received within ten (10) days after mailing of the notice of intention to abate and remove, the County or the District, as appropriate, shall have the authority to abate and remove the vehicle or parts of a vehicle without hearing.

(b)

All hearings under this chapter shall be held before the designated hearing officer. The technical rules of evidence shall not apply. 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. The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter. He or she may delay time for removal of the vehicle or vehicle parts if the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that the vehicle or parts of a vehicle has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order removal from the property as a public nuisance and disposal as hereinafter provided and determine the administrative costs and cost of removal charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts of a vehicle and the correct identification number and license number of the vehicle, if available at the site. The decision of the hearing officer for all unincorporated areas other than the Broadmoor Police Protection District shall be final. The decision of the hearing officer for the area within the Broadmoor Police Protection District may be appealed as provided in section 7.60.080.

(c)

The owner of the vehicle or vehicle parts, the owner of the land upon which the vehicle or vehicle parts are located, and any interested party who made a written presentation to the hearing officer, shall be notified in writing of the decision of the hearing officer unless such person was present at the hearing when the decision was rendered, in which case notice shall be deemed to have been given to that person.

(Prior code § 3806; Ord. 1895, 04/09/68; Ord. 1918, 07/09/68; Ord. 2125, 01/04/72; Ord. 2824, 04/05/83; Ord. 3162, 11/08/88; Ord. 3555, 03/29/94)