(A) The Village Manager may remove any tow service operator temporarily or permanently from the towing list when he finds:
(1) Placement on the list was secured by fraud or concealment of a material fact, which if known would have caused disapproval of the applicant or application;
(2) The tow service operator has violated any of the provisions of this chapter or the Village Code; or
(3) (a) The service provided by the tow service operator has been substantially inadequate. What constitutes substantially inadequate service is a matter within the sole discretion of the Village Manager. Factors that the Village Manager shall consider in making a determination concerning adequacy of service include, but are not limited to, failing to be available for or not accepting calls, slow response time, excessive damage claims, and substantial and repeated complaints from residents.
(b) A tow operator shall not be temporarily removed from the towing list for more than 90 days at any one time.
(B) Any tow service operator aggrieved by an action of the Village Manager removing the tow service operator from the towing list or refusing to place or reinstate the tow service operator on the list may appeal the decision of the Village Manager to the Board of Trustees. Any such appeal shall be made in writing and delivered to the Village Manager within 5 days of the removal of the tow service operator from the towing list or refusal to place or reinstate the tow service operation on the towing list. The Village Board shall hear the appeal within 30 days of the appeal's filing date and shall issue a decision within 30 days of concluding its hearing on the matter.
(Ord. C0-04-7, passed 3-1-2004; Am. Ord. C0-04-30, passed 9-20-2004)