10.36.100 Public hearing—Procedure—Action.

(A) All hearings under this chapter shall be held before the city manager or his or her designee, who shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof, and the circumstances concerning its location on the private or public property. The city shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located and the owner of the vehicle may appear in person at the hearing or present sworn written statements 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 may impose such conditions and take such other actions as it deems appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for removal of the vehicle, or part thereof if in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city manager or designated hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property, may order the same removed from the property and disposed of as a public nuisance, in the manner authorized by law and as provided in this chapter. The order requiring removal shall include a description of the vehicle, or part thereof, and a correct identification number and license of the vehicle, if available at the site. Written notice of the decision and a copy of the order shall be given to the property owner and the owner of the vehicle by certified mail within ten days of the city manager's decision.

(C) If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced in its presence, the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner.

(D) If an interested party makes a written presentation to the city manager or the designated hearing officer, but does not appear, he or she shall be notified in writing of the decision by mail within ten days of the city's decision.

(E) An interested party may appeal the order of the city manager or the designated hearing officer to the city council or the city planning commission or a panel comprised of three residents of the city as designated annually by the city council by filing a written request for appeal within the city clerk. A hearing before the appropriate appellate body shall be held within thirty days of the filing of the appeal request preceded by a ten-day notice of the appeal hearing which shall be posted in the same manner and form as regular meetings of the city council. Upon conclusion of the hearing by the designated appellate body, a decision consistent with the provisions of this section shall be prepared and mailed as provided in this section.