(A) Removal of licensee. The Chief of Police, or designee, may remove any licensee temporarily or permanently when it is determined that:
(1) The license was secured by fraud or concealment of a material fact, which if known would have caused disapproval of the application.
(2) The licensee has violated any of the provisions of this chapter, or the Police Department towing license agreement.
(3) The service provided by the licensee 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, theft, repeated complaints from citizens, inadequate services or towing equipment.
(4) During the term of the license, any licensee or a tow driver:
(a) Is convicted of any felony in any state;
(b) Is determined to be a sex offender, as defined in ILCS Ch. 730, Act 150, § 2, as amended; or
(c) Is convicted under the laws of Illinois or any other state of an offense that under the laws of the state would be a felony theft of a vehicle or vehicle parts.
(B) Temporary removal. If the removal of the licensee from the police towing licensee 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, or designee, determines the alleged offense does not constitute an immediate threat to the health, safety or welfare of the public, the Chief of Police shall provide the licensee with written notice at least 15 days prior to the effective date of the temporary or permanent removal by delivering said notice to the licensee'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.
(4) The actions, if any, the licensee may take to prevent the removal from occurring.
(5) The procedure that the licensee must follow to request a hearing to appeal the removal.
(D) Immediate suspension/removal.
(1) If the Chief of Police, or designee, determines that a licensee presents an immediate threat to the health, safety or welfare of the public, or if the licensee has not provided proof of valid insurance in the amounts required by ordinance, the Chief of Police shall provide the licensee with written notice that the licensee is being removed from the police towing licensee list immediately. Said written notice shall be delivered to the licensee's place of business on the first day the removal is effective, and shall state:
(a) That the removal is effective immediately.
(b) Whether the removal is temporary or permanent.
(c) The allegations which form the basis of the removal.
(d) The actions, if any, the licensee may take to be reinstated.
(e) The procedure that the licensee must follow to request a hearing to appeal the removal.
(2) If a hearing is requested, the Village Administrator, or the Village Administrator's designee shall act as the hearing officer. The hearing shall be informal and provide both sides with the opportunity to present all evidence relevant to the removal. The 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 licensee's business address, with a copy retained in the licensee's application file at the Police Department. If the decision favors the licensee, the hearing officer shall notify the Police Department so that license towing privileges may be reinstated as soon as possible. The village or the licensee may contest the decision of the hearing officer in any manner provided by law.
(E) Method of requesting hearing. A licensee must request a hearing by calling the Village Administrator's office within ten days of receiving a notice of suspension or removal and scheduling a hearing. Leaving a message with the Village Administrator's office will not satisfy this requirement. The Village Administrator's office must provide a time for the hearing that is within 72 hours 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 licensee 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.
(Ord. 2007-41, passed 7-16-07) Penalty, see § 121.99