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 Fillmore
 Code of Ordinances
 Title 14. VEHICLES AND TRAFFIC
 Chapter 14.52. REMOVAL OF VEHICLES*

  § 14.52.090. Hearing procedure.  

Latest version.

  • All hearings under this chapter shall be held before the city council which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the said private property or public property. The city council shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a 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. Any person claiming an interest in the vehicle or part thereof may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny that the vehicle or part thereof comes within the provisions of this ordinance.

    The city council may impose such conditions and take such other action as it finds to be appropriate in view of the facts presented at the hearing to carry out the purpose of this ordinance. 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 council may find that a vehicle or part 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 determine the administrative costs and the cost of removal to be charged against the owner of any parcel of privately owned land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part 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 land owner and that he has not subsequently acquiesced in its presence, or that the land is owned by a public agency, the city council 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.

    If an interested party makes a written presentation to the city council but does not appear, he shall be notified in writing of the decision.

(Ord. 365 § 9, 1968)