(A) The Village Manager may remove any tow operator temporarily or permanently from the rotation tow list when he or she 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 application;
(2) The tow operator or any person employed by such operator has been convicted of violating any of the provisions of this chapter, any law of the state pertaining to the provision of tow services, the operation, ownership, or theft of motor vehicles, consumption of alcohol or the use or possession of any controlled substance or any applicable ordinance of the village, or of any law of any state where such conviction is for a felony offense;
(3) The service provided by the tow operator 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.
(B) If the removal of the tow operator from the rotation tow list is temporary, such temporary removal shall not be for more than 30 days at any one time.
(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 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 and the provisions of this chapter which may be at issue therein; 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 village's Administrative Hearing Officer shall oversee the hearing pursuant to the provisions found in Chapter 42A of the Village Code of Ordinances. The date, time, and place shall be set forth in the hearing notice, provided that for hearings scheduled in all nonemergency situations, the tow operator shall have at least 15 calendar days after service of a hearing notice to prepare for a hearing, unless otherwise provided in any applicable provision of the Village Code of Ordinances creating a right to a hearing. No hearing shall be scheduled or convened more than 45 calendar days from the date of service of a hearing notice. If service is provided by mail, the 14-day period shall begin to run on the date that the notice is deposited in the mail. Hearings shall be scheduled at the earliest possible date, except that the tow operator in an emergency hearing situation shall have at least three calendar days after service of a notice to prepare for the hearing, unless otherwise provided in any applicable provision of the Village Code of Ordinances creating a right to a hearing. The hearing shall provide both sides with the opportunity to present all evidence relevant to the removal. The Administrative Hearing Officer shall issue a written decision based upon a preponderance of the presented evidence within seven 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 amounts required by ordinance, 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 Village Administrative Hearing Officer shall oversee the hearing pursuant to Chapter 42A of the Village Code of Ordinances. The date, time, and place shall be set forth in the hearing notice, provided that for hearings scheduled in all nonemergency situations, the tow operator shall have at least 15 calendar days after service of a hearing notice to prepare for a hearing, unless otherwise provided in any applicable provision of the Village Code of Ordinances creating a right to a hearing. No hearing shall be scheduled or convened more than 45 calendar days from the date of service of a hearing notice. If service is provided by mail, the 14-day period shall begin to run on the date that the notice is deposited in the mail. Hearings shall be scheduled at the earliest possible date, except that the tow operator in an emergency hearing situation shall have at least three calendar days after service of a notice to prepare for the hearing, unless otherwise provided in any applicable provision of the Village Code of Ordinances creating a right to a hearing. The hearing(s) shall provide both sides with the opportunity to present all evidence relevant to the removal. The Administrative Hearing Officer shall issue a written decision based upon a preponderance of the presented evidence within seven 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 Administrative Hearing Officer shall notify the Police Department so that towing privileges may be reinstated as soon as possible. The village or the tow operator may contest the decision of the Administrative Hearing Officer in any manner provided by law.
(E) Method of requesting hearing. A tow operator must request a hearing by 1) delivering a written request therefor to the Romeoville Police Department within ten days of receiving a notice of removal; and 2) scheduling a hearing. The Romeoville Police Department must provide a time for the hearing that is within 72 hours of the receipt of the request, provided there is one complete business day within the 72-hour time period. If there is no complete village business day in the 72-hour period, the hearing shall be held on the first village business day after the 72-hour time period. If the tow operator is unavailable at the time provided by the village, the village shall not be bound by the 72-hour time period and the removal will not be stayed. If the village is unable to provide a hearing time within the applicable time period, all action on the removal shall be stayed until the hearing.
(F) Appeal of Administrative Hearing Officer's decision. In any case where the applicable provisions of the Village Code of Ordinances provide for a right of any person or entity to appeal any administrative action taken or any decision made by any village personnel charged with the administration, enforcement or application of any provisions of the Village Code of Ordinances, or where such a right to appeal is required by any other provision of applicable law, such person or entity may take such an appeal by filing a written notice of appeal with the Hearing Officer and the village personnel from whose action or decision the appeal is taken, which notice shall specify the grounds for the appeal. The notice of appeal shall be served on the Hearing Officer and the village personnel from whose action or decision the appeal is taken by first class mail, postage prepaid, within 30 calendar days from the date of the action or decision from which the appeal is taken. Service of the appeal notice sent in accordance herewith shall be complete as of the date of deposit in the United States mail. Upon receipt of the notice of appeal, the Hearing Clerk shall schedule the appeal for a hearing before the Hearing Officer at the next scheduled hearing date which is not less than ten calendar days nor more than 45 calendar days from the date of service of the appeal notice, and the village personnel from whose action or decision the appeal is taken shall transmit all documents and papers used in making the decision or taking the action which is the subject of the appeal, and transmit the same to the Hearing Clerk and the Hearing Officer. A notice of appeal shall stay all proceedings in furtherance of the action or decision from which the appeal is taken, unless the village personnel whose action or decision is the subject of the appeal certifies in writing to the Hearing Officer that based on facts set forth in the certification, a stay of proceedings would result in imminent danger to life or property, in which case such proceedings shall not be stayed other than by a restraining order issued by the Hearing Officer or by a court of competent jurisdiction, upon notice to the parties and for good cause shown. The hearing on the appeal shall be conducted in a manner that is generally consistent with the provisions of § 42A.17 of the Village Code of Ordinances. The Hearing Officer may affirm, reverse, or modify, in whole or in part, the action or decision of the village personnel from which the appeal is taken. No person or entity shall challenge any decision or action of any village personnel through litigation in a court of competent jurisdiction unless or until a timely notice of appeal has been filed and prosecuted, and the Hearing Officer has rendered a final decision on the merits of the appeal.
(Ord. 0009-03, passed 2-19-03; Am. Ord. 23-1836, passed 3-15-23)