(A) The Chief of Police may summarily suspend a driver's permit if the driver thereof is arrested for conduct that jeopardizes public health or safety. In addition, the Chief of Police shall have the right to summarily suspend, for a period not to exceed 30 days, any towing carrier permit granted pursuant to this chapter, and any towing services agreement entered into pursuant to this chapter, and to rescind all rights and privileges associated with them during the suspension period if the towing carrier violates any provision of this chapter, any material provision of the towing services agreement, or any state or federal law. The Chief of Police may exercise this authority up to three times per calendar year per towing carrier. Thereafter, or in the Chief of Police's discretion, the Chief of Police may recommend in writing the suspension or revocation of the towing carrier's permit and towing services agreement to the City Manager.
(B) Within seven days of the Chief of Police's summary suspension or recommendation to suspend or revoke the towing carrier's permit, the Chief of Police shall send written notice of the decision to the towing carrier. The towing carrier may appeal the Chief of Police's summary suspension or recommendation to suspend or revoke the towing carrier's permit to the City Manager. Such appeal shall set forth the specific grounds on which it is based and must be filed with the City Clerk within 14 days of receiving the Chief of Police's notice.
(C) Upon receipt of the filing of the appeal in proper form, the City Clerk shall forward the appeal as soon as reasonably possible to the City Manager for consideration. Within 30 days of receiving the appeal, the City Manager shall determine whether to uphold the Chief of Police's summary suspension, or to suspend or revoke the towing carrier's permit. The City Manager shall mail the towing carrier a written decision within 45 days of receiving the appeal.
(D) Any subsequent appeal shall be to the City Council. The appealing towing carrier shall have ten calendar days from the date the City Manager's notice of decision in division (C) was deposited in the mail within which to appeal the denial of the revocation or suspension to the City Council. The appeal shall be filed in writing in the office of the City Clerk and shall be accompanied by a filing fee, as established by resolution of the City Council.
(E) If the appeal is timely and properly filed together with the filing fee, the City Clerk shall mail notice of the date, time and place of a de novo hearing before the City Council to the towing carrier at least ten days prior to the hearing. The hearing shall be commenced at the earliest possible date authorized by law, but in no event later than 30 days after the date that the appeal was filed. At the hearing, the towing carrier or its representative shall have the right to present evidence and a written or oral argument, or both, in support of its appeal.
(F) Within two business days after the City Council's action on the appeal, the City Clerk shall send to the towing carrier, by certified mail, return receipt requested, written notice of the disposition of the appeal. The action of the City Council shall be final.
(G) Any towing carrier whose license is revoked may not again apply for a towing carrier permit to provide tow services in the city for a period of one year from the date of such revocation.
(Ord. 1308, passed 6-2-21)