(A) NOTICE OF NON-COMPLIANCE. Prior to initiation of any proceeding to deny eligibility for or to revoke a taxicab permit or a chauffeur’s license the City Manager, in the case of a taxicab permit, or the Director of the Department of Public Safety, in the case of a chauffeur’s license, shall issue to the applicant, permit holder or licensee a notice of noncompliance with the requirements of this Chapter. The notice shall identify the basis for action or decision against the applicant, permit holder, or license and shall specify a period of time, not to exceed thirty (30) days, within which the applicant, permit holder, or licensee may demonstrate compliance with the requirements of this Chapter.
(B) IMMEDIATE SUSPENSION. If the City Manager or Director makes a determination that the permit holder or licensee has failed to maintain insurance required by § 9.12.040(B) or that the permit holder, licensee or use of a permitted vehicle presents an immediate threat to the health and safety of the public, the City Manager or Director may issue a written notice of noncompliance stating the reasons for the immediate suspension, that the suspension shall be effective immediately, and that the permit holder or licensee has a right to request a hearing on the decision of immediate suspension before the City Manager to be held within three (3) business days of that request. The City Manager may extend the time for the date of holding the hearing at the request of the licensee or permit holder, or upon good cause shown by the Director. A determination that the permit holder or a licensee presents an immediate threat to the health or safety of the public shall be based upon reasonable cause that the vehicle assigned to a permit fails to comply with applicable vehicle safety codes or that a condition creates an immediate and substantial risk of harm to passengers or the public if the vehicle is used for hire or if the licensee were to continue to operate a vehicle for hire. After the hearing, the City Manager shall issue a decision as to whether to uphold or to rescind the immediate suspension. The suspension shall remain in effect until the permit holder or licensee presents evidence to the City Manager demonstrating that the required insurance is in place, that there is not a substantial risk of harm to passengers or the public and shall remain in place through any subsequent process to revoke the subject permit or license. A permit holder or licensee may appeal the decision of the City Manager after hearing to the City Council pursuant to division (D), below.
(C) NOTICE OF INTENT TO REVOKE. Where the City Manager or the Director of the Department of Public Safety is not satisfied that the applicant, permit holder or licensee has presented sufficient evidence or information to demonstrate compliance with the requirements of this Chapter, the City Manager or the Director may issue a notice of intent to deny the application or to revoke a permit or license. Notice by City Manager, in the case of a taxicab permit, or by the Director of the Department of Public Safety, in the case of a chauffeur’s license, notifying an applicant, permit holder, or licensee that the City intends to revoke their permit or license or to deny their application shall be served on the applicant, permit holder, or licensee via first-class mail, postage pre-paid or in person. The notice shall state the reasons for the proposed action and that the proposed action shall take effect upon the expiration or thirty (30) days unless earlier appealed by the applicant, permit holder or licensee to the City Council.
(D) APPEAL. An appeal of a notice of intent to deny or revoke or of an immediate suspension shall be made no later than thirty (30) days from the date of the notice issued by the City Manager or the Director. The time for appeal shall be computed pursuant to § 1.12.060(C). Upon receiving a timely notice of appeal, the City Clerk shall put the appeal on the agenda for a public hearing at a regular meeting of the City Council to be held within thirty (30) days of receipt of notice of appeal from the applicant, permit holder, or licensee. The Council shall hear the appeal de novo and the parties to the appeal may be represented by counsel and present witnesses and evidence on their own behalf and shall have the right to cross examine witnesses and rebut evidence against them. The hearing shall be memorialized by an electronic recording. After the close of the hearing, the Council shall issue written findings affirming, rescinding, or modifying the decision of the City Manager or of the Director.
(E) An appeal from any final decision of the Council shall be to the Superior Court, and shall be made no later than thirty (30) days following service via first-class mail, postage pre-paid, or in person of that decision upon the affected licensee or permit holder at their last known address. Review by the court shall be limited to determining whether the decision appealed is supported by substantial evidence. The time for appeal to Superior Court shall be computed pursuant to § 1.12.060(C).
(Am. Ord. 2003-14, passed 10-28-03; Am. Ord. 2005-15, passed 7-16-05; Am. Ord. 2006-15, passed 9-12-06)