The franchise agreement entered into between city and Official Police Tow Service pursuant to § 100.030, shall be subject to cancellation, revocation or suspension by the Chief Executive Officer either as a whole or as to any person or vehicle described therein. The procedure for such cancellation, revocation or suspension is set forth in § 100.260.
(A) Notice and contents of notice. The Official Police Tow Service shall be given five days written notice to appear before the Chief Executive Officer or his or her designee to show cause why the franchise should not be revoked, suspended, or canceled for any of the reasons set forth below.
(B) Basis for action. A franchise may be revoked, suspended, or canceled for any of the following reasons:
(1) An Official Police Tow Service fails to pay any city business license fees or other fees provided in the franchise agreement or by the Baldwin Park Municipal Code; or
(2) An Official Police Tow Service breaches any rules, regulations, or conditions set forth in the franchise agreement or the Baldwin Park Municipal Code; or
(3) An Official Police Tow Service, or any person having any ownership interest in that Official Police Tow Service or any employee of that Official Police Tow Service, violates any federal, state or local law; or
(4) An Official Police Tow Service fails to maintain a satisfactory level of service to the police or public; or
(5) An Official Police Tow Service fails to keep any tow vehicle in safe condition and good repair; or
(6) An Official Police Tow Service fails to use distinctive coloring, monogram, or insignia in compliance with Cal. Vehicle Code § 27907; or
(7) An Official Police Tow Service deviates from the schedule of rates set forth in the franchise; or
(8) An Official Police Tow Service passes on a tow assignment more than four times in any calendar month. PASSING is defined as refusing, for any reason, any tow assignment from the Police Department, including, without limitation, the towing of city vehicles at no charge; or
(9) An Official Police Tow Service fails to respond to requests for tow service by the Police Department within the response time established by § 100.220; or
(10) An Official Police Tow Service commits fraud or deceit upon the city, including, without limitation, falsifying data and records relating to the city's requests for towing services, falsifying the number of official police tow services performed, falsifying the response times to city requests for tow services; or
(11) An Official Police Tow Service commits fraud or deceit upon any person to whom that Official Police Tow Service provides tow truck services; or
(12) An Official Police Tow Service defaults on the performance of its material obligations under this chapter or the franchise and fails to cure such default within ten calendar days after receipt of written notice of the default and a reasonable opportunity to cure the default; or
(13) An Official Police Tow Service fails to provide or maintain in full force and effect the insurance coverage as required by this chapter and as set forth in the franchise agreement; or
(14) An Official Police Tow Service violates any order or ruling of any regulatory body having jurisdiction over the Official Police Tow Service relative to its tow truck business, unless such order or ruling is being contested by that Official Police Tow Service by appropriate proceedings conducted in good faith; or
(15) An Official Police Tow Service becomes insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt.
(Ord. 1161, passed 7-12-00; Am. Ord. 1407, passed 3-7-18)