A. All hearings under this chapter shall be held before the planning commission which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony about the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The planning commission 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.

B. The planning commission may impose such conditions and take such other action as it deems appropriate under circumstances to carry out the provisions of this chapter. 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 planning commission may find that a vehicle or parts thereof have 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, and 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 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 owner of the land and that he has not subsequently acquiesced in its presence, the city council 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.

C. If the owner of the land submits a sworn 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 planning commission but does not appear, he shall be notified in writing of the decision. (Ord. 87-5 § 10, 1987)