Whenever the city determines that an Official Police Tow Service has violated any applicable federal, state or local law, or has violated any provision of the franchise between the Official Police Tow Service and the city, the city shall give that Official Police Tow Service written notice of the violation and an opportunity to be heard on the matter in accordance with the following procedures:
(A) Written notice. The city shall notify the offending Official Police Tow Service in writing of any and all violations. Such notice shall be delivered to the particular Official Police Tow Service in violation by personal delivery or by registered or certified mail, return receipt requested, shall clearly set forth the specific violation, shall demand that the offending Official Police Tow Service cure the violation, and shall set forth the time period for curing the violation. The time period for curing a violation shall be determined by the Chief Executive Officer, or his or her designee, based on the nature of the violation, but under no circumstances shall the time period to cure be less than ten calendar days. If the Official Police Tow Service fails to correct the violation within the time prescribed by the notice, or if the official police tow service fails to commence good faith efforts to correct the violation within the time prescribed in the notice, the city shall temporarily suspend the Official Police Tow Service's franchise with the city pursuant to the provisions of division (B) of this section or shall give the Official Police Tow Service 14 calendar days written notice of a hearing before the Chief Executive Officer, or his or her designee. The written notice shall specify the alleged violations and the recommended action to be taken.
(B) Temporary suspension. For equipment violations or business omissions, where the Chief Executive Officer desires to provide an Official Police Tow Service an additional opportunity beyond the initial notice to correct violations or omissions, the Chief Executive Officer, or his or her designee, may suspend that Official Police Tow Service from providing service for a period of time, not to exceed seven calendar days. Such suspension shall not be considered punitive and shall be for the specific purpose of providing Official Police Tow Service time to correct specified violations or omissions. If the Official Police Tow Service still fails to take corrective action during the temporary suspension period, the city shall give that Official Police Tow Service 14 calendar days written notice of a hearing before the Chief Executive Officer, or his or her designee. The written notice shall specify the alleged violations and the recommended action to be taken.
(C) Suspension pending hearing. For all substantive violations of law or the provisions of the franchise agreement between the Official Police Tow Service and the city, or for refusal to correct violations after proper notice is served upon the offending Official Police Tow Service pursuant to divisions (A) and/or (B) of this section, where the Police Department intends to take punitive action against the offending Official Police Tow Service or revoke the franchise in its entirety, the Chief Executive Officer or his or her designee, may suspend the offending Official Police Tow Service from providing service for a period of time, not to exceed 14 calendar days, in preparation for a hearing.
(D) Informal hearing. The Chief Executive Officer or his or her designee, shall conduct such hearing and may receive information from any source deemed relevant to the inquiry. The purpose of the hearing shall be to determine the factual basis of the allegation(s) against the Official Police Tow Service.
(1) The hearing shall be informal in nature.
(2) Formal rules of evidence (California Evidence Code and/or the Federal Rules of Evidence) shall not apply.
(3) The offending Official Police Tow Service shall have the opportunity to respond to the allegations and present information relevant to Official Police Tow Service's defense.
(4) At the conclusion of the hearing or within a reasonable time thereafter, not to exceed ten working days, the Chief Executive Officer, or his or her designee, shall make a finding as to whether the allegation(s) are "founded" or "unfounded."
(5) Upon a finding that the allegation(s) are "founded," the Chief Executive Officer, or his or her designee, shall determine the appropriate sanction to be taken against the offending Official Police Tow Service.
(a) The Chief Executive Officer may extend the suspension of the offending Official Police Tow Service for a period of time, not to exceed 30 additional calendar days, or;
(b) The Chief Executive Officer may permanently revoke the offending Official Police Tow Service's franchise and remove the Official Police Tow Service from providing service in response to Police Department request; or
(c) The Chief Executive Officer may impose such other sanction as he or she determines is appropriate in light of the nature of the violation and the relevant circumstances.
(6) The Chief Executive Officer, or his or her designee shall notify the offending Official Police Tow Service of his or her finding and/or the sanctions to be imposed, in person, by registered mail, or by written notice hand-delivered to that Official Police Tow Service's business office.
(E) Appeals. Any Official Police Tow Service aggrieved by a decision of the Chief Executive Officer pursuant to this section may appeal the finding of or the sanction imposed by, the Chief Executive Officer to the City Council. Any such appeal must be filed with the city’s Chief Executive Officer in writing within five business days of the Official Police Tow Service's receipt of the decision of the Chief Executive Officer.
(1) The city’s Chief Executive Officer shall schedule an informal hearing within ten days of receiving an appeal from the Official Police Tow Service and shall notify the Official Police Tow Service in writing of such hearing at least five calendar days prior to the hearing date. The same procedures set forth above for the hearing by the Chief Executive Officer or his or her designee, shall apply to the hearing before the City Council, if any.
(2) After hearing the evidence from both sides, the city’s Chief Executive Officer shall issue a written decision within ten days of the hearing. The decision of the city’s Chief Executive Officer is final.
(3) Any person aggrieved by the City Administrator's decision may file a writ of administrative mandamus pursuant to the Cal. Civil Code § 1094.5 within 90 days of the date the City Administrator issues his or her decision.
(Ord. 1161, passed 7-12-00; Am. Ord. 1407, passed 3-7-18)