Title 10 VEHICLES AND TRAFFIC
Chapter 10.72 ABANDONED VEHICLES
10.72.040 Form of hearing.
A. All required hearings shall be conducted before one member
of the police committee of the board of trustees of the village, who shall serve
as the hearing officer. The date of hearing shall be no sooner than five days
after the mailing or posting of the required notice.
B. The village and the owner of the vehicle shall have the
opportunity, with or without the assistance of counsel, to present evidence in
the issue of abandonment. If the owner fails to appear, a default order may be
entered.
C. The hearing officer shall prepare a brief written summary
of evidence presented at the hearing, and shall make the following written
findings of fact:
1. Notice was or was not given in the form set forth in this
chapter;
2. The vehicle was or was not abandoned at the time the
notice was given.
D. If the hearing officer finds that notice was properly
given and that the vehicle was abandoned, he shall enter an order authorizing
the removal of the vehicle by towing or the assessment of towing and storage
charges, as the case may be.
E. The decision of the hearing officer is final.
(Ord. 1979-12 § 4, 1979)