§ 74-9. Suspension or revocation.

Upon complaint being filed in writing by any person with the city council of a violation of any provisions of this chapter, the city council shall, after ten days' written notice to the holder of the permit, state the ground of the complaint, conduct a hearing to hear the evidence with reference to such complaint. After such hearing, should the city council by majority vote find a violation of any provisions of this chapter, the city council may proceed as follows:

(1)

Any permit holder who charges an amount in excess of that provided in this chapter may, upon his first offense, have his permit suspended for a period of one to five days. Upon a second offense occurring in a two-year period, the city council may suspend the permit for a period of five to 15 days. Upon a third offense occurring in any two-year period, the permit may be suspended for a period of one year. Upon a fourth offense occurring in any two-year period, the franchise may be revoked.

(2)

Upon a finding of the city council that a permit holder does not at any time meet the minimum standards as set forth by this chapter as to insurance, storage facilities or the required office, the city council shall suspend the permit indefinitely pending a demonstration by the permit holder that his operation is in compliance with this chapter, or, upon a majority vote of the city council, the city council shall, after ten days' notice to the holder of a permit, studying the ground of such complaints, conduct a hearing to hear evidence with reference to such complaint.

(3)

The city council, in its discretion, may impose disciplinary action against a particular driver or employee of a permittee if such disciplinary action would be more equitable than a suspension or revocation of a permit. Said disciplinary action shall include, but not be limited to, the suspension of a tow truck driver's privileges either permanently or temporarily.

(Ord. No. 127, § 9, 4-10-1990)