ORD 1797 - Laserfiche WebLink

11.44.110 Request for Public Hearing. A. Upon request by the owner of the land received by the Chief of Police within ten (10) days after the mailing or other service of the notices of intention to abate and remove, a public hearing shall be held by the Chief of Police on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on said land within such ten (1 O) day period, the statement shall be construed as a request for a hearing which does not require the presence of the owner of the land. Notice of the hearing shall be served either personally or by mailing a copy of the notice by certified mail, postage prepaid, retum receipt requested, at least ten (1 O) days prior to the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such a condition that the identification numbers are not available to determine ownership. If such a request for hearing is not received within the ten (1 O) days after mailing or other service of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. 11.44.120 Failure to Request Public Hearing. If within ten (10) days after the mailing or other service of the notice of intention to abate and remove under Section 11.44.100, a request for a public hearing is not received by the Chief of Police, then the notice of intention to abate shall become the final decision to abate and remove. The Chief of Police shall have the authority to abate and remove said vehicle, or parts thereof, as a public nuisance and dispose of said vehicle, or parts thereof, by removal to a scrapyard or automobile dismantler's yard, and assess the costs therefor in accordance with Section 11.44.170. After a vehicle has been removed it shall not thereafter be reconstructed or made operahie unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable. 11.44.130 Public Hearing. A. All hearings under this Chapter shall be held before the City Manager, who shall hear all facts and testimony the City Manager deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or pans thereof and the circumstances concerning its location on the private property or public property. The City Manager 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 reasons for such denial. B. The City Manager may impose such conditions and take such other action as the City Manager deems appropriate under the circumstances to carry out the purpose of this Chapter. The City Manager may delay the time for removal of the vehicle or parts thereof if, in the City Manager's opinion, the circumstances justify it. At the conclusion of the public hearing, the City Manager may find that a vehicle, or pans 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 provided in this Chapter. The City Manager may also 5 I