(A) (1) The following shall be grounds for suspension or revocation of a license issued under this chapter, that:
(a) The license was secured by fraud or by the concealment of a material fact by the licensee and such fact, if known, would have caused a refusal to issue a license;
(b) The licensee has violated any of the requirements of the regulations established by the Chief of Police under this chapter;
(c) Past services rendered by a licensee are shown to be detrimental to the public health, safety, and welfare; this includes overcharging of wrecker fees or false charging of items done by the wrecker business;
(d) The licensee paid in the form of a gratuity any third person for information as to the location of the accident;
(e) The licensee has violated the fee schedule by overcharge or false charges;
(f) Failure to operate the wreckers specified in such a manner as to serve the public adequately and efficiently;
(g) Failure to maintain wrecker and vehicle in good repair;
(h) Failure to pay the city privilege license fee imposed upon wreckers; and
(i) Failure to report accidents while towing city rotation call vehicles or to furnish such other records and reports as may be required by this chapter and/or the Wrecker Inspector.
(2) If the Wrecker Inspector determines that any of the violations in this division (A) have occurred, he or she shall have the authority to revoke or suspend a license as follows:
(a) For violation of division (A)(1)(a): revocation;
(b) For a first-time violation of divisions (A)(1)(b) through (A)(1)(i) above: suspension up to 30 days;
(c) For a second violation of divisions (A)(1)(b) through (A)(1)(i) above within a period of two years from the date of the first suspension: suspension up to 60 days; and
(d) 1. For a third violation of divisions divisions (A)(1)(b) through (A)(1)(i) above within a period of two years from the date of the first violation: revocation.
2. Any licensee who has his or her license revoked shall be eligible to apply for a new license one year from the date of the revocation.
3. For purposes of this section, the date of suspension or date of revocation shall be the date of the notification by the Wrecker Inspector pursuant to division (B) below or, if an appeal is made, the date of the final action by the City Manager.
(Prior Code, § 113.26)
(B) The revocation or suspension shall be in writing and notify the licensee of the following: the nature of the violation; the Wrecker Inspector’s recommendation as to whether the licensee should remain on the rotation wrecker list, should be suspended, or have his or her license revoked; and the licensee has a right to an appeal of the action to the City Manager.
(Prior Code, § 113.27) (Ord. passed 5-9-1989)