§ 34-78.1. Hearing.  


Latest version.
  • (a)

    The owner of the junked vehicle and/or abandoned vehicle, the owner of the premises, if in possession thereof, or the occupant of the premises upon which the motor vehicle is located, may, within 15 days from the date from which the notice of removal was hand delivered or mailed, request in writing a hearing directed to the Lafayette Police Department, 900 East University Avenue, Lafayette, Louisiana to contest the determination made by LCPG. In cases where the notice is not mailed or hand delivered, the request for a hearing may be made within 15 days from the date on which it is reasonably calculated that the owner to be notified received notice, but not more than 30 days from the date of posting or delivery of said notice. The written request for a hearing must be received by the Lafayette Police Department within the appropriate time period stated herein (either 15 days or 30 days, depending on the method of notice delivery), and must be made at the place designated in the notice provided to the owner of the junked and/or abandoned vehicle and the owner of the premises, if in possession thereof, or the occupant of the premises upon which the motor vehicle is located.

    (b)

    The hearing provided herein shall be conducted by the chief administrative officer or his designee who shall act as the hearing officer.

    (c)

    The hearing shall be held within a reasonable amount of time after the receipt of the written request for a hearing, and the person requesting the hearing shall be notified in writing of the time and place of the hearing at least five days in advance thereof. At the hearing, LCPG or the person requesting the hearing may introduce such testimony or other evidence as is deemed necessary.

    (d)

    Any person determined by a final order of the hearing officer to be in violation of this division may appeal this determination to the district court for the Parish of Lafayette. Such appeal shall be instituted by filing, within 30 days of the date of the hearing officer's order, a petition with the clerk of the district court along with payment of such reasonable costs as may be required by the clerk of court.

(Ord. No. O-242-2013, § 6, 11-19-13)