Title 10 Regulation of Activities

Division I: Penal Code

Chapter 10.16 Junk Vehicle Abatement

1. Hearings on contested abatement notices are to be scheduled and heard before the hearing examiner.
    
2. The hearing examiner will conduct the hearing required by this chapter no more than eighteen calendar days after the appeal is filed.
    
3. If the hearing examiner determines that multiple parties share responsibility for the nuisance, the hearing examiner will allocate the assessment of costs of administration, removal, and disposal among the responsible parties.
    
4. An appellant may appear in person at the hearing or present a written statement to explain the grounds for appeal. The hearing examiner must receive the written statement in time for consideration at the hearing. The appellant may be represented by counsel at the hearing, may present evidence and ask questions related to the notice of violation, and may call witnesses to testify on his behalf.
    
5. The City shall have the burden of proof to establish by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable.
    
6. The hearing examiner shall determine whether the City has established, by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable and shall affirm, modify, or vacate the decisions regarding the alleged violation and/or the required corrective action.

Date Passed: Monday, March 15, 2010

Effective Date: Wednesday, April 21, 2010

ORD C34575 Section 3