A. Chief Of Police, Authority To Remove Tow Operator: The chief of police is authorized to remove any tow operator temporarily or permanently from the rotation tow list upon it being determined that:
1. Placement of the tow operator on the rotation tow list was secured by fraud or concealment of a material fact, which if known would have caused disapproval of the tow operator's application;
2. The tow operator has violated any of the provisions of this chapter;
3. The service provided by the tow operator is or has been substantially inadequate, which shall include, but not be limited to, failing to be available for or not accepting calls, slow response time, excessive damage claims, repeated complaints from citizens, or inadequate towing equipment;
4. Failing to be available or not accepting calls as mentioned in subsection A3 of this section will be defined to mean five (5) occasions within a thirty (30) day period.
B. Temporary Removal: A tow operator may temporarily be removed from the rotation tow list for not more than thirty (30) days at any one time. A tow operator shall be given an opportunity to cure any default or violation of this chapter within thirty (30) days of removal from the rotation tow list and shall be reinstated on the rotation tow list upon its presenting sufficient evidence to the chief of police that it has cured any such default or violation.
C. Pending Suspension/Removal: If the chief of police determines the alleged offense does not constitute an immediate threat to the health, safety or welfare of the public, the police chief shall provide the tow operator with written notice at least fifteen (15) days prior to the effective date of the temporary or permanent removal by delivering said notice to the tow operator's place of business. Said written notice shall include: 1) the effective date of the removal; 2) whether the removal is temporary or permanent; 3) the allegations which form the basis of the removal; 4) the actions, if any, the tow operator may take to prevent the removal from occurring; and 5) the procedure which the tow operator must follow to request a hearing to appeal the removal. If a hearing is requested, the mayor, or the mayor's designee, shall act as the hearing officer. The hearing shall be informal and provide both sides with the opportunity to present all evidence relevant to the removal. The hearing officer shall issue a written decision based upon a preponderance of the presented evidence within seven (7) days of the hearing. The opinion will be sent to the tow operator's business address with a copy retained in the tow operator's application file at the police department. The village or the tow operator may contest the decision of the hearing officer in any manner provided by law.
D. Immediate Suspension/Removal: If the chief of police determines that a tow operator presents an immediate threat to the health, safety or welfare of the community, or if the tow operator has not provided proof of valid insurance in the types and amounts required by this chapter, the chief of police may remove the tow operator from the tow rotation list prior to any hearing. If the chief of police finds just cause, he shall provide written notification to the tow operator that the tow operator is being removed from the tow rotation list immediately. Said written notice shall be delivered to the tow operator's place of business on the first day the removal is effective, and shall state: 1) that the removal is effective immediately; 2) whether the removal is temporary or permanent; 3) the allegations forming the basis of the removal; and 4) the procedure which the tow operator must follow to request a hearing to appeal the removal. If a hearing is requested, the mayor, or the mayor's designee, shall act as the hearing officer. The hearing(s) shall be informal and provide both sides with the opportunity to present all evidence relevant to the removal. The hearing officer shall issue a written decision based upon a preponderance of the presented evidence within seven (7) days of the hearing. The opinion shall be sent to the tow operator's business address, with a copy retained in the tow operator's application file at the police department. If the decision favors the tow operator, the hearing officer shall notify the police department so that the tow operator's towing privileges may be reinstated as soon as possible. The village or the tow operator may contest the decision of the hearing officer in any manner provided by law.
E. Method Of Requesting Hearing: A tow operator must request a hearing by: 1) telephoning and speaking directly with the mayor within ten (10) days of receiving a notice of removal; and 2) scheduling a hearing. Leaving a message for the mayor will not satisfy this requirement. The mayor's office shall, within three (3) business days of the request, set a date and time for the hearing, and further, the hearing shall be held within ten (10) business days from the date of the request for the hearing. If the tow operator is unavailable at the time scheduled by the village, the village shall not be bound by the time period as stated above, and the removal will not be stayed. If the village is unable to schedule a hearing within the applicable time as stated above, all action on removal of the tow operator shall be stayed until the hearing. (Ord. 2008-10-02, 10-22-2008)