§ 90.168. Suspension and revocation.

(a)

Upon complaint alleging violation of any of the provisions of this title filed by any person with the chief of police, or upon the person's motion, the chief of police, after five days' notice of the grounds of such complaint to the owner or opertors of the taxicab service against whom complaint is made, shall hear evidence with reference to such compliant, and after such hearing, the chief of police may revoke or suspend the operating permit of such holder with good cause shown.

(b)

Due cause for the suspension or revocation of an operating permit will include, but not be limited to, the following:

(1)

Failure of the operating permit holder to maintain any and all of the general qualifications applicable to the initial issuance of the permit as set forth in this title;

(2)

Obtaining an operating permit by providing false information;

(3)

Discontinuing operations for more than ten days;

(4)

Violating any ordinance of the city, the laws of the United States or of the state, the violation of which adversely affects the ability of holder to offer public transportation; or

(5)

Violation of any part of this article.

(c)

The holder shall have the right to appeal the suspension or revocation to the city manager within ten business days of the notice of suspension or revocation. Such appeal will be submitted by a letter addressed to the city manager stating that an appeal from the decision of the chief of police is desired to the city manager. Upon receiving such notice of appeal, the city manager, as soon as practical thereafter, shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in the person's behalf. The formal rules of evidence do not apply to an appeal hearing under this section. The city manager shall make its ruling on the basis of a preponderance of the evidence at the hearing.

(d)

The city manager will affirm, modify or reverse the decision of the chief of police. The decision of the city manager is final.

(e)

If no appeal is taken from the ruling of the chief of police in the time and manners provided in this title, the ruling of the chief of police shall be final.

(f)

Any person who continues to operate a taxicab under a permit that has been suspended or revoked for any reason while the suspension or revocation is in effect shall be considered guilty of misdemeanor and upon conviction thereof, shall be assessed a penalty accordingly. Every day's violation shall be considered to be a separate offense.

(Ord. No. 2010-1, § 1, 1-19-10)