§ 670.106. Hearing.  


Latest version.
  • (a)

    If the person who received a notice of abandoned property under section 670.104(a)(1) or (b)(1) or his agent timely requests a hearing on the necessity for removal of the abandoned property as provided in section 670.105, a date shall be set, not more than ten days after the date of the request, for the hearing. The timely filing of the request for a hearing shall operate as a stay of further action by the city under the chapter, until the hearing examiner has rendered his decision. The General Counsel shall provide a hearing examiner to conduct the hearings required by this section.

    (b)

    At the hearing, the person, his agent or his attorney, shall be afforded an opportunity to present, by oral testimony or documentary evidence, his objections to:

    (1)

    The designation of the property as abandoned property.

    (2)

    (i)

    The necessity for removal of the abandoned property, and

    (ii)

    His liability for the payment of the cost of the removal.

    (c)

    At the conclusion of the hearing on the person's objections, the hearing examiner shall render his decision. If the hearing examiner:

    (1)

    Finds that the property is not abandoned property, he shall direct that the notice of abandoned property previously served on the person, as a result of which the hearing was requested and held, be canceled and that the removal notice attached to or near the property be removed.

    (2)

    Finds that the property is abandoned property, he shall:

    (i)

    Direct the removal of the property or its other disposition so that it no longer is abandoned property, and

    (ii)

    Establish the extent of the liability of the person who requested the hearing for payment of the cost of such removal or other disposition, including storage charges under section 670.107.

    The decision of the hearing examiner shall be final, and a copy of the decision shall be furnished to the person who filed the request for the hearing, to the Sheriff and to the General Counsel.

    (Ord. 79-265-103, § 1; Ord. 83-591-400, § 1; Ord. 2007-2-E, § 1)

    Note— Former § 314.106.