Sec. 33-070. - Correction order.

(a)

If the director determines that a holder violates this chapter or the director's interpretations of the provisions therein, terms of its operating authority, a regulation established by the director, or other law, the director may notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of time. In setting the time for correction, the director shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the director shall order the holder to immediately cease use of the equipment.

(b)

If the director determines that a violation constitutes an imminent and serious threat to the public health or safety, the director shall order the holder to correct the violation immediately, and, if the holder fails to comply, the director shall promptly take or cause to be taken such action as the director considers necessary to enforce the order immediately, including the immediate removal of a vehicle.

(c)

The director shall include in a notice issued under this section an identification of the violation, the date of issuance of the notice and the time period within which the violation must be corrected, a warning that failure to comply with the order may result in suspension or revocation of a vehicle permit or imposition of a fine or both.

(d)

Except when ordered to immediately remove a vehicle from service under subsection (b) of this section above, the holder shall have ten (10) days from the date of the director's decision to remove a vehicle from service. A holder has ten (10) days from the date of receipt of a correction order, to request a hearing before the director and present to him any additional information, including inspection reports from mechanics retained by the holder, which may aid the director in his determination of whether or not to affirm or reverse his initial determination. The request shall be in writing and directed to the transportation manager.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-071. - Permanent removal—Vehicles/equipment.

The director may permanently remove a vehicle or any other equipment from service if in the opinion of the director the vehicle or equipment cannot be corrected to the extent necessary to meet the safety, service, or quality standards established for vehicles for hire.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-072. - Service of notice.

(a)

A holder shall designate and maintain a representative to receive service of notice required under this chapter to be given a holder and to serve notice required under this chapter to be given a driver employed by a holder.

(b)

Notice required under this chapter to be given:

(1)

A holder or the holder's designated representative must be personally served or served by certified mail, return receipt requested, directed to the address, last known to the director, of the holder to be notified, or to the holder's designated representative; or

(2)

A driver authorized by the city must be personally served or served by certified mail, return receipt requested, directed to the address, last known to the director, of the driver to be notified, or to the designated representative for drivers.

(c)

Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. In the case of certified mail, notice occurs on the date indicated as the delivery date on the return receipt or on the fifth day after the date of postmark, whichever is sooner.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-073. - Enforcement by police department.

(a)

It shall be the duty of the police department or of such other city employees as may be designated by the city manager, to enforce the provisions of this chapter.

(b)

All violations of the provisions of this chapter and of the rules and regulations established by the director, are hereby declared to be civil offenses subject to administrative adjudication. This subsection does not apply to a violation of section 33-006(a) and (b) or to section 33-926 of this chapter which are declared criminal offenses.

(c)

The total fines, costs, and fees per violation shall not be less than ten dollars ($10.00) and shall not exceed five hundred dollars ($500.00). However, for the first violation of sections 33-725 and 33-726, the total fines, costs, and fees shall not be less than two hundred dollars ($200.00); for the second violation of said section, the total fines, costs, and fees shall not be less than three hundred fifty dollars ($350.00); for the third violation of said section, the total fines, costs, and fees shall not be less than five hundred dollars ($500.00) and shall preclude the convicted person from obtaining a historic district destination point permit for a period of one year from the date of conviction. Fines assessed shall be based on the relationship of the violation to the public safety, the number of violations committed by the person and/or company summoned, and any other considerations that may be relevant to the adjudication of the matter.

(d)

Violators shall be issued a summons. The summons must provide information as to the time and place of an administrative adjudication hearing. The city attorney's office may participate at such hearings.

(e)

Hearing officers shall be appointed by the city manager. Said officers may question witnesses and review documents presented by the parties before issuing an order. The order shall be written and state whether or not the person charged is liable for the violation, and the amount of any fines assessed against the person or company charged. The fines shall be assessed in accordance with subsection (c) of this section. The order shall be filed with the municipal court director with a copy provided to the director. The failure of any person charged with a violation to appear at the hearing shall be an admission of liability for the charged violation.

(f)

Fines, costs, or fees assessed by the hearing officer may be levied against the license/permit bond of the holder, if the person summoned or the holder for whom such person works, fails to pay such fines, costs, or fees within thirty (30) days after the order is filed.

(g)

The municipal court director shall establish a written body of administrative procedures for these cases.

(h)

Appeal. A person determined by the hearing officer to be in violation may appeal the decision to the municipal court by filing an appeal petition with the court clerk not later than thirty (30) days after the order is filed and by paying a twenty-five dollar ($25.00) appeal filing fee. The appeal hearing must be scheduled to occur within ten (10) days of the filing of the appeal petition. The appeal hearing before a municipal court judge shall be an administrative review for the purpose of confirming or overruling the order issued by the administrative hearing officer based upon the evidence presented to the administrative hearing officer. The record of witness testimony may be preserved for appellant review by the use of an audio tape recording or a video tape recording.

(i)

Bond. Neither a notice of intent to appeal nor the filing of an appeal petition shall stay the enforcement and collection of the judgment order unless the service of the notice of appeal is preceded by the posting of a cash bond in the same amount of the adjudged penalty. However, the bond may not in any case be for a sum less than fifty dollars ($50.00).

(Ord. No. 82938, § 1, 9-28-95; Ord. No. 89167, § 4, 1-28-99)

Sec. 33-074. - Impoundment of vehicles.

(a)

The police department shall seize and impound any vehicle when probable cause exists to believe that such vehicle is covered by this chapter and is being operated without the required vehicle permit. A vehicle seized in accordance with this subsection shall be removed to a designated secured facility. Probable cause shall mean the existence of a reasonable ground to believe that facts exist to justify the impoundment of the vehicle.

(b)

If a vehicle has been moved and placed in a secured facility without the consent of the owner, the owner is entitled to a hearing to determine whether or not probable cause existed for the removal and placement of the vehicle. A hearing under this subsection shall be before a city magistrate.

(c)

A person entitled to a hearing hereunder shall deliver a written request for the hearing to the court before the sixth day after the date the vehicle was place in a secured facility. In computing under this subsection Saturdays, Sundays, and legal holidays are excluded. A person who fails to deliver the request within the specified time period waives the right to the hearing.

(d)

A written request under this section must contain the following information:

(1)

The name, address, and telephone number of the owner of the vehicle;

(2)

The date and the location from which, the vehicle was removed;

(3)

The name, address, and telephone number of the police official who authorized the removal; and

(4)

The name, address, and telephone number of the secured facility where the vehicle was placed.

(e)

A hearing under this section shall be held before the fourth working day after the date the request for the hearing was received by the court. The court shall notify the vehicle's owner and the police official who authorized the removal of the vehicle of the date, time, and place of the hearing. The sole issue in a hearing under this section is whether or not probable cause existed for the removal and placement of the vehicle. The court shall make written findings of fact and a conclusion of law regarding the issue in the hearing.

(f)

If the court determines that probable cause existed for the removal and placement of the vehicle, the owner of the vehicle shall pay the costs of removing and storing the vehicle. If the court does not determine that probable cause existed for the removal and placement of the vehicle, the city shall pay the costs of removing and storing the vehicle. If the vehicle's owner paid removal or storage costs before the hearing, the city shall fully reimburse the owner.

(g)

The court may charge a filing fee of ten dollars ($10.00) for a hearing under this section and may award court costs to the prevailing party.

(Ord. No. 82938, § 1, 9-28-95)

Secs. 33-075—33-099. - Reserved.