§ 55.33. Administrative Enforcement—General.

(1)

Procedure. Whenever there is reasonable cause to believe that a Vehicle Permit-holder or Driver is violating, or has violated, the provisions of this Chapter, the Vehicle-for-Hire Officer(s) may initiate enforcement proceedings and request a hearing before the Vehicle-for-Hire Administrator. The Vehicle Permit-holder or Driver shall be advised in writing, of the date, time and place of such hearing, mailed to the address on file with the Vehicle-for-Hire Administrator, no later than fifteen (15) days prior to the date of the hearing. Failure to appear shall result in an automatic suspension of the particular Vehicle Permit or Driver Permit, and may be grounds for revocation of said permit(s). The Vehicle-for-Hire Administrator shall conduct the hearing pursuant to Sections 55.34 and 55.35 below.

(2)

Impoundment of Vehicle. In addition to the penalty provisions of paragraph (7) of Section 55.32 above, any citation issued for a violation of paragraphs (1) through (4) of Section 55.32 above, may result in the immediate removal and impoundment of the vehicle by the City. The vehicle shall be released to the Owner upon payment of any tow, storage, inspection costs, and any other fines or penalties. The impoundment of any vehicle pursuant to this section may be appealed to the Vehicle-For-Hire Administrator. Such appeal may be filed at any time during the impoundment of the vehicle by the vehicle owner or Vehicle-For-Hire permit holder. The Vehicle-For-Hire Administrator or designee will accept evidence and arguments and grant or deny the appeal in writing within three (3) business days of receipt. The decision of the Vehicle-For-Hire Administrator will constitute final agency action on the appeal.

(3)

Immediate Removal for Faulty Equipment.

(a)

Authority. In addition to the suspension powers listed in Section 55.35 below, the Vehicle-for-Hire Administrator or Officer(s) may, at their discretion, temporarily suspend any permitted Vehicle-for-Hire upon a factual determination by the Administrator or Officer(s) that the particular vehicle is unsafe or in substantial non-compliance with Section 55.09 above, or the observation of a patent defect of the vehicle for the transportation of the traveling public. Unsafe shall mean that the condition of the Vehicle, whether one major violation or defect or an aggregate of minor defects, could pose a safety or health risk to the traveling public.

(b)

The suspension shall take effect immediately upon notice to the Driver of the Vehicle-for-Hire by issuance of a Notice of Suspension. The Vehicle-for-Hire Administrator or Officer(s) shall affix a decal to both door-sides of the particular vehicle which state that the vehicle is suspended pending further investigation and correction of safety and/or equipment violations, and that the vehicle shall not transport any person for hire. The decal shall remain affixed to the vehicle until either the Vehicle Permit-holder corrects (i) the safety and/or equipment violations and has the vehicle inspected by the City pursuant to Section 55.21 above, except that self inspection shall not apply, and pays the reinstatement fee as required by 55.35 below, or (ii) appeals the determination to the Board and has the determination of the Vehicle-for-Hire Administrator or Officer(s) overturned. The operation of a vehicle suspended pursuant to this paragraph or the unauthorized removal or alteration of the decals affixed to the vehicle shall result in revocation of the Vehicle Permit, as provided in Section 55.35 below.

(Ord. of 4-20-1998, Doc. #31157; Ord. of 11-1-1999, § 12, Doc. #32438; Ord. of 1-11-2007, § 21, Doc. #0701111008; Ord. No. 2013-6, § 7, 2-4-2013, Doc. #1302041203; Ord. No. 2014-64, § 12, 12-15-2014, Doc. #1412151203)