(A) Notwithstanding any provision of this subchapter, the TCPD Chief of Police, or his or her designee, shall be authorized to suspend or revoke any permit for a violation of any of those items listed as grounds for suspension or revocation. The TCPD Chief of Police, or his or her designee, may immediately suspend a permit for up to 15 calendar days if there is substantial evidence of a violation that constitutes an imminent danger to the public, and the permit holder is unable or unwilling to correct the violation. Otherwise, before any permit may be suspended or revoked, the TCPD Chief of Police, or his or her designee, shall hold a hearing at which evidence of such violation may be presented and rebutted. A hearing may be scheduled by the TCPD Chief of Police, or his or her designee, after receiving a complaint charging a violation or, at his or her discretion, upon his or her investigation and review. Notice of the hearing, the administrative action proposed to be taken, and the grounds therefor, shall be given to the permit holder at least ten calendar days prior to the hearing. Mailing such notice by certified mail to the last known business address of the permit holder, not less than ten calendar days prior to the hearing, shall constitute adequate notice. If the TCPD Chief of Police, or his or her designee, suspends or revokes a permit, he or she shall notify the permit holder in writing of the reasons for the suspension or revocation, the effective date of the suspension or revocation, the date of reinstatement, if any, and the conditions that must be satisfied for reinstatement. Such notification shall advise the permit holder that he or she may appeal the decision to the Mayor. Mailing such notification by certified mail to the last known business address of the permit holder within ten calendar days of the hearing shall be deemed sufficient. No person whose permit has been revoked shall be eligible to apply for a new permit until the next renewal period. The TCPD Chief of Police, or his or her designee, in determining whether to suspend or revoke a permit, may consider prior suspensions.
(1) If a permit holder has only two vehicles and one has a mechanical failure, and the owner notifies both the TCPD wrecker coordinator and TCPD dispatcher of the mechanical failure, the permit holder shall be removed from the city rotation list for the reasonable amount of time necessary for the permit holder to perform the repairs.
(2) The owner must show proof of such mechanical failure in writing (repair bill) to the TCPD wrecker coordinator before they are placed back on rotation.
(3) Any proof of mechanical failure shall be presented, Monday through Friday, from 7:30 a.m. to 4:30 p.m.
(4) Once placed back on rotation, the permit holder will be placed at the bottom of the list.
(B) If an owner and/or driver of a wrecker company shall have any felony criminal charges filed against him or her during the previous year, then he or she will not be eligible for a wrecker permit the following year, unless the charges have since been dismissed or resulted in a verdict of not guilty.
(1998 Code, § 126-54) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 04-53, passed 11-3-2004; Ord. 05-45, passed 10-5-2005; Ord. 16-01, passed 2-17-2016)