A. This chapter shall not apply to tow car businesses or tow car drivers not having their principal place of business or employment within the city.
B. Any tow car operator or driver operating within the city who claims exemption pursuant to this section shall complete a declaration under penalty of perjury setting forth facts establishing his or her principal place of business or employment outside the city for evaluation by the director.
C. The director shall deny a claim of exemption only after a hearing granted upon three days' written notice to the claimant. Such notice shall specify the specific grounds for the proposed action. At the hearing, to be held by the city manager, or his or her designee, the claimant shall be given the opportunity to present witnesses and documentary evidence, to be represented by counsel and to examine all witnesses presented. The city manager shall mail or otherwise furnish to the claimant a written decision, stating the grounds for the decision.
D. Any claimant dissatisfied with the decision of the city manager regarding exemption from application of this chapter may appeal to the city council by filing a notice of appeal in writing with the city clerk within ten (10) days of the date of the written decision of the city manager. The city council, or a hearing examiner designated pursuant to Section 1.24.050 of this code, shall hold a hearing at which the appellant shall be accorded the same hearing rights provided in subsection C of this section. The city council or designated hearing examiner may sustain, reverse or modify the decision of the city manager. The decision of the city council or designated hearing officer shall be final. (Prior code § 42.04.051)