After an administrative hearing, the Chief of Police may suspend or remove any wrecker company from the rotation list on any of the following grounds:
(A) If the place on the wrecker rotation list was procured by fraudulent conduct, concealment of or false statement of a material fact concerning applicant at the time of his or her making application;
(B) If the wrecker company violates the provisions of this chapter or any other city ordinance or any state law regulating vehicular traffic;
(C) If the wrecker company fails to comply with the provisions of this chapter regarding the provision of a storage area for wrecked or disabled vehicles;
(D) If the wrecker company fails to protect vehicles in its care as a result of a wrecker and/or a tow truck pull and fails to prevent parts, accessories and personal belongings from being removed from the vehicle, except as may be necessary to protect those items from theft;
(E) If the wrecker company fails to deliver a vehicle directly to the location within the limits of the city as designated by the owner of the vehicle or the Police Department; provided the vehicle can be legally delivered to that location;
(F) If a wrecker company is repeatedly tardy in arriving after being called to the scene of an accident by the Police Department for a rotation pull, the Chief of Police shall give ten days’ notice of the time and place for an administrative hearing concerning suspension, cancellation or removal as provided above; and is hereby empowered to administer oaths to witnesses and to conduct the hearing as otherwise provided by law;
(G) Fails to maintain wrecker and equipment in a reasonable workmanlike manner.
(1) Findings of the Chief of Police and his or her written order of suspension or removal from the rotation list shall terminate all authority and permission theretofore granted.
(2) The period of suspension or removal from the rotation list shall not exceed one year.
(3) Any order of the Chief of Police may be appealed to the City Council in writing within ten days from the date of suspension or removal.
(4) The City Council shall have authority to reverse, affirm or modify the order of the Chief of Police; provided, that in the event of affirmation of the order the suspension shall commence upon the date of action of the City Council.
(H) Charges will be based on reasonable and customary fees in the area, with the City Council determining the fees, should a dispute come before the Council.
(Ord. 9-12-95, passed 9-12-1995)