A. Any deviation from the requirements established in this chapter, except for violations of section 5-7-17 of this chapter, or failure at any time to provide reasonable, quick and efficient service may result in the temporary suspension for no more than thirty (30) days or removal of the name of such firm from the roster upon the determination of the police chief.
B. The police chief shall provide the tow operator with written notice at least fifteen (15) calendar days prior to the effective date of the suspension/removal by delivering said notice to the tow operator's place of business. Said written notice shall include: 1) the effective date of the suspension/removal; 2) whether the suspension/removal is temporary or permanent; 3) the allegations which form the basis of the suspension/removal; 4) the actions, if any, the tow operator may take to prevent the suspension/removal from occurring; and 5) the procedure which the tow operator must follow to request a hearing to appeal the suspension/removal. If a hearing is requested, the village administrator shall act as hearing officer. The hearing shall be informal and provide both sides with the opportunity to present all evidence relevant to the suspension/removal. The hearing officer shall issue a written decision based upon a preponderance of the presented evidence within seven (7) days of the hearing. The opinion will be sent to the towing firm's business address with a copy retained in the towing firm's application file. The village or the towing firm may contest the decision of the hearing officer in any manner provided by law.
C. A towing firm must notify the police department of its request for a hearing, in writing. Said notice of request for hearing must be received by the police department within ten (10) calendar days after issuance of the notice of suspension/removal. The village shall set a time for the hearing within three (3) business days of receipt of the request (if the request is timely made). If the towing firm is unavailable at the time provided by the village, the village may (in its discretion) reschedule said hearing, but the suspension/removal will not be stayed. If the village is unable to provide a hearing time within the applicable time period, all action on the suspension/removal shall be stayed until the hearing. (Ord. 2009-11-03, 11-3-2009)