All hearings under this article shall be held before the director of public works
or his designated assistant which shall hear all facts and testimony which he deems
to be pertinent. Such facts and testimony may include testimony on the condition of
the vehicle or parts thereof and the circumstances concerning its location on such
private property or public property. The hearing officer 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.
The director of public works or his designated assistant may impose such conditions
and take such other action as he deems appropriate under the circumstances to carry
out the purpose of this article.
It may delay the time for removal of the vehicle or parts thereof if, in its opinion,
the circumstances justify it. At the conclusion of the public hearing, the hearing
officer 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 may 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.
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 hearing officer 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 costs from such owner of the land.
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 hearing officer but does not appear, he
shall be notified in writing of the decision.
