§ 14-67. Administrative hearing procedure.

(a)

All hearings under this Article shall be held before a Hearing Officer designated pursuant to the protocol set forth in that document entitled the "Butte County Administrative Hearing Officer Program." The Program is based upon an alphabetical rotation through attorneys currently under contract through the Program. The Hearing Officer shall hear all facts and testimony he/she deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the private property or public property. The Hearing Officer shall not be limited to the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his/her reasons for such denial.

(b)

The Hearing Officer may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this Article. He/she may delay the time for removal of the vehicle, or parts thereof, if, in his/her 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 determine the Administrative Costs and the Abatement Costs, as defined in Butte County Code Section 3-150, 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.

(c)

If it is determined at the hearing that the vehicle was placed on the land without consent of the owner of the land, and that he/she has not subsequently acquiesced in its presence, the Hearing Officer shall not assess Abatement Costs and Administrative Costs against the property upon which the vehicle is located, or otherwise attempt to collect such Costs from such owner of the land.

(d)

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land but does not appear, or if an interested party makes a written presentation to the Hearing Officer but does not appear, he/she shall be notified in writing of the decision.

(Ord. No. 3824, § 3, 7-23-2002; Ord. No. 3944, § 2 (part), 11-21-06)