(a) Should the Fire Chief disapprove or deny an application for a non-emergency ambulance license, the applicant shall be notified by certified mail of that determination and the reasons for denial. The applicant may appeal the denial action by submitting a written appeal to the City Council within 30 days after receipt of the denial notification. The City Council shall conduct a hearing to consider the appeal within 30 days after the filing of same. The City Council shall thereafter determine the disposition of said appeal, and in so doing determine whether or not to affirm the action of the Fire Chief or grant the license as requested, subject to any and all other conditions which the City Council may impose pursuant to the provisions of this article. The City Council's decision shall be binding, subject to judicial appeal by the applicant of any decision rendered by the City Council to a court of appropriate jurisdiction within 30 days of city Council's decision; otherwise, the City Council's decision shall be final and unappealable. Any such judicial appeal of any decision rendered by the City Council shall be on the basis of substantial evidence.
(b) In addition to the general penalties imposed for a violation of the provisions of this article, the Fire Chief shall be authorized to suspend, alter, or revoke any license issued by the city upon failure of the licensee to comply with the rules, regulations, and standards adopted herein, provided that the Fire Chief shall, by certified mail, furnish the licensee no less than ten days written notice of the proposed action and the reasons for the suspension, alteration, or revocation of the license, and shall offer the licensee the opportunity to request and participate in a hearing before the Fire Chief to discuss the proposed action prior to its effective date. Any request for a hearing before the Fire Chief must be filed in writing within ten days of receipt of the written notice of the proposed action, or the action shall be final and unappealable. Following any hearing requested, the Fire Chief shall notify the licensee, in writing, of his findings.
(c) Any licensee whose license to operate has been suspended, altered, or revoked, following a hearing before the Fire Chief, may, within 30 days from the date of such suspension, alteration, or revocation, submit a written appeal of such action to the City Council. Such appeal shall suspend the effects of the Fire Chief's action pending the rendering of a decision by the City Council. The City Council shall conduct a hearing to consider the appeal within 30 days after the filing of same. The City Council shall thereafter determine the disposition of said appeal, and in so doing determine whether or not to affirm, revise, or reverse the action of the Fire Chief, subject to any and all other conditions which the City Council may impose pursuant to the provisions of this article. The City Council's decision shall be binding, subject to judicial appeal by the licensee of any decision rendered by the City Council to a court of appropriate jurisdiction within 30 days of City Council's decision; otherwise, the City Council's decision shall be final and unappealable. Any such judicial appeal of any decision rendered by the City Council shall be on the basis of substantial evidence.
(d) If the Fire Chief determines that imminent danger to public health and safety exists, the Fire Chief may require the immediate suspension of all non-emergency ambulance service provided by a licensee as part of any notice of revocation. The Fire Chief shall also notify the Texas Department of State Health Services regarding the pendency of such action. Under the circumstances of such immediate suspension of service, and danger to public health and safety, the license shall be suspended during the period of any appeal, and the licensee shall be prohibited from providing any ambulance services within the city unless such suspension is lifted by City Council during the appeal. The appeal of any such revocation and accompanying suspension due to public health and safety shall be conducted as otherwise provided in subsection (c) hereof for the appeal of any other suspension, alteration, or revocation.
(Ord. No. 2841, § 2, 9-9-99; Ord. No. 3525, § 13, 6-14-07)