§ 39.94. Issue, Reissue, Transfer, Revocation of License; Right of Appeal.

(1)

The Chief Administrative Officer or designee may refuse to issue or reissue or transfer the occupational license for a towing or immobilization service as provided for in this Section when the issue, reissue, or transfer of the license would be contrary to public policy or the welfare of the City.

(2)

Upon the written request of the Chief of Police, the Chief Administrative Officer or designee may schedule a hearing and send a copy to the towing or immobilization service owner or operator and written notice of hearing by certified mail, return receipt requested, or by hand delivery to the owner of the towing or immobilization service at the last known address. If an attempt to reach the owner by hand delivery or certified mail is unsuccessful, notice of the hearing may be made by publication as provided in Chapter 49, Florida Statutes, as amended. Notice, whether by certified mail, hand delivery, or publication, must be provided at least three (3) business days prior to the scheduled hearing before the Chief Administrative Officer or designee. The Chief Administrative Officer or designee shall conduct a public hearing regarding the refusal to issue, reissue, or transfer the occupational license and may receive and consider any evidence, including evidence of general reputation of the towing or immobilization service operation or person(s) operating such service which is the subject of the hearing. All testimony at the hearing shall be under oath. The Chief Administrative Officer or designee shall not be bound by the formal rules of evidence and may consider hearsay testimony; however the Chief Administrative Officer or designee shall act to ensure fundamental due process in the hearing process. The towing or immobilization service owner shall have the opportunity to appear before the Chief Administrative Officer or designee, in person and/or through legal counsel, to offer evidence. At the conclusion of the hearing, based on the evidence received, the Chief Administrative Officer or designee may find and declare, based upon the preponderance of evidence that the towing or immobilization service owner or operator(s) have violated the towing and immobilization ordinance or the applicable sections of Chapter 36, and that the violation(s) is contrary to the interest of the public health, safety, or welfare. If the Chief Administrative Officer or designee makes one (1) or more of the above findings, the Chief Administrative Officer or designee may refuse to issue or reissue or transfer the occupational license of the towing or immobilization service. The Chief Administrative Officer or designee may continue the hearing in order to receive additional evidence, testimony, or for any other reasons the Chief Administrative Officer or designee deems appropriate. If the Chief Administrative Officer or designee does not find that the violations have been proven, he or she shall direct the Office of Permitting Services to issue, reissue, or transfer the license. The Chief Administrative Officer or designee shall have the power to adopt rules for the administration and conduct of its hearings which are consistent with this section and the rules of procedure adopted by City Council. Such rules shall be designed to facilitate the efficient administration of this section.

(3)

In each case of such refusal by the Chief Administrative Officer or designee to issue, reissue, or transfer such license, the applicant therefor shall have the right to appeal such refusal to the City Council by filing with the Chief Administrative Officer or designee, and City Clerk, a notice of appeal within ten (10) days after such refusal. The City Council, not later than the second regularly scheduled City Council meeting following receipt of the notice of appeal, shall hold a public hearing to determine if such refusal to issue, reissue, or transfer a license under this section is in the public interest. Notice of the hearing shall be given to the license applicant, which notice shall fix a date for the hearing giving the license applicant an opportunity to be heard on the denial of the issue, reissue, or transfer of the license by the Chief Administrative Officer or designee. Such notice shall be given in writing by the City Clerk, at least five (5) days before the date of such hearing, unless such notice is waived by the license applicant. The City Council after hearing from the parties, shall either sustain the decision of the Chief Administrative Officer or designee and deny the requested license or transfer, or order the Office of Permitting Services to issue, reissue, or transfer the license. The City Council shall make its decision based upon whether the Chief Administrative Officer or designee had sufficient reliable evidence to sustain the decision. No new evidence may be presented during the appeal. Such issuance, reissuance, or transfer of occupational license approved by the City Council will be made only after payment to the City of the appropriate license or transfer fee.

(4)

The City Council shall have the right and authority to revoke any occupational license as referred to in this section and issued to any person, whenever it is made to appear that the business method or operation or work to be conducted or carried on by the licensee is being conducted or carried on through unfair, fraudulent, or illegal methods to the detriment or damage of the public health, safety or welfare, or to customers or patrons of such licensee. Unfair or fraudulent methods are defined as including, but shall not be limited to, untrue or misleading advertising of products or services offered.

(5)

An aggrieved party may appeal a final order of the City Council to a court of competent jurisdiction in the Ninth Judicial Circuit. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created prior to such appeal. An appeal shall be filed within thirty (30) days of the date of the written order to be appealed.

(Ord. of 8-15-2005, § 11, Doc. #050815902; Ord. of 7-7-2008, § 12, Doc. #0807071005)