2000 APRIL - Laserfiche WebLink

11.44.120 request for a public hearing is not re- ceived by the Chief of Police, then the notice of intention to abate shall be- come 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 of this Chapter. After a vehicle has been removed it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to sec- tion 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. 1797 § 1, 1999) 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 testi- mony on the condition of the vehicle or parts 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 ap- propriate 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 opin- ion, the circumstances justify it. At the conclusion of the public hearing, the City Manager 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 provided in this Chapter. The City Manager may also determine the ad- ministrative costs and the cost of re- moval be charged against the owner of the land. The order requiring removal shall include a description of the vehi- cle or parts thereof and the correct identification number and license num- ber 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 the owner of the land has not subsequently acquiesced in its pres- ence, the City Manager shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or other- wise attempt to collect such costs from such owner of the land. D. If the owner of the land submits a sworn written statement denying re- sponsibility for the presence of the 2,81 (Pleasanton April 2000)