A. Except as provided in Section 5.144.120(B) of this chapter, director may deny, revoke or suspend a tow car vehicular permit only after a hearing granted upon three days' written notice to those persons specified in Section 5.144.040(A) and (C) of this chapter. Such notice shall specify the grounds for the proposed action. At the hearing, to be held by the city manager, or his or her designee, the persons noticed pursuant to this section shall be given the opportunity to present witnesses and documentary evidence, to be represented by counsel and to examine all witnesses presented. Issuance of a written notice of cancellation, expiration or change in coverage by an insurance company shall be conclusive proof at the hearing of the change in the policy so indicated. The city manager, or his or her designee, shall mail or otherwise furnish to persons noticed pursuant to this section a written decision, stating the grounds for the decision. The taking or pendency of an appeal under subsection B of this section shall not stay the effectiveness of such decision.
B. If any person specified in Section 5.144.040(A) or (C) of this chapter is dissatisfied with the decision of the city manager in ordering the denial, revocation or suspension of the permit, such person 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 within thirty (30) days of the receipt of the notice of appeal. The appellant shall be accorded the same hearing rights provided in subsection A 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 § 42.04.060)