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Last modified
1/3/2012 1:02:23 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2331
Date
9/2/1997
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ORDINANCE NS-2331 009 <br /> <br /> SECTION 5: That section 16-119 of the Santa Ana Municipal <br />Code is hereby amended to read as follows: <br /> <br />Bec. ~6-~19. Bame-~onduct; rules of evidence; appe&r&nce or <br /> statement of owner of land; determination by <br /> hearing officer; order; notice of decision. <br /> <br /> Ail hearings under this article shall be held before the <br />Executive Director of the Planning and Building Agency or his or <br />her designee who shall hear all facts and testimony he or she deems <br />pertinent. Said facts and testimony may include testimony on the <br />condition of the vehicle, or parts thereof, and the circumstances <br />concerning its location on the said private property or public <br />property. The Executive Director of the Planning and Building <br />Agency or his or her designee shall not be limited by the technical <br />rules of evidence. The owner of the land may appear in person at <br />the hearing or present a sworn written statement in time for <br />consideration at the hearing, and deny responsibility for the <br />presence of the vehicle on the land, with his or her reason for <br />such denial. <br /> <br /> The Executive Director of the Planning and Building Agency or <br />his or her designee may impose such conditions and take such other <br />action as he or she deems appropriate under the circumstances to <br />carry out the purpose of this article. He or she may delay the <br />time for removal of the vehicle or parts thereof if, in his or her <br />opinion, the circumstances justify it. At the conclusion of the <br />public hearing, the Executive Director of the Planning and Building <br />Agency or his or her designee may find that a vehicle or parts <br />thereof have been abandoned, wrecked, dismantled, or is inoperative <br />on private or public property and order the same removed from the <br />property as a public nuisance and disposed of as hereinafter <br />provided and determine the administrative costs and the cost of <br />removal to be changed against the owner of the land. The order <br />requiring removal shall include a description of the vehicle or <br />parts thereof and the correct identification number and license <br />number of the vehicle, if available at the site. <br /> <br /> If it is determined at the hearing that the vehicle was placed <br />on the land without the consent of the owner of the land and that <br />he or she has not subsequently acquiesced in its presence, the <br />Executive Director of the Planning and Building Agency or his or <br />her designee shall not assess the costs of administration or <br />removal of the vehicle against the property upon which the vehicle <br />is located or otherwise attempt to collect such costs from such <br />owner of the land. <br /> <br /> If the owner of the land submits a sworn written statement <br />denying responsibility for the presence of the vehicle on his or <br />her land but does not appear, or if an interested party makes a <br />written presentation to the Executive Director of the Planning and <br />Building Agency or his or her designee but does not appear, he or <br /> <br />5 <br /> <br /> <br />
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