§ 103. Administration and appeals.

A.

The Mayor shall have the power and it shall be his duty to administer the provisions of this chapter and, when necessary, to adopt and implement rules and regulations consistent with the intent of this chapter. Such rules and regulations shall be approved by the Council and filed with the City Clerk.

B.

Notice of adverse action. If the Director or his authorized representative proposes to take any action adverse to an applicant, holder, chauffeur, licensee or permittee, he shall establish a time, date and place for an administrative hearing and shall notify such person (hereinafter "respondent") of the pending action at the respondent's address contained on his most recent application. If no address is included in the most recent application, notice shall be served in care of the certificate holder with which the respondent is associated. The notice shall be served on the respondent personally or by United States Mail, certified, return receipt requested. The notice shall be served or postmarked no later than seven (7) days preceding the date of the administrative hearing and shall:

1.

Set forth in detail the proposed action and the reasons therefore;

2.

Designate any section of this chapter, any statute, ordinance or other authority which requires or supports the proposed action;

3.

Set forth the date, time and place of the administrative hearing;

4.

Advise the respondent that he may be present at such hearing to provide reasons why the proposed action should not be taken; and

5.

Advise the respondent that if he fails to appear at the administrative hearing, action may be taken in his absence.

Copies of such notice shall also be sent to the complaining party, if applicable, and to all certificate holders.

C.

Administrative hearing. An administrative hearing shall be held on the date and time and at the place contained in the notice described above.

1.

If the respondent appears, he shall be afforded an opportunity to be heard. Following the hearing, the Director may take or refrain from taking the proposed action or may modify the same by placing reasonable conditions on the respondent, or otherwise, according to the provisions of this chapter.

2.

If the respondent fails to appear, notice of the decision made or action taken shall be given to all parties, and unless appealed to the City Council as hereinafter provided, such decision shall be final and binding ten (10) working days from and after the date of the decision.

3.

Notice of the action taken or decision made shall be given by certified mail, return receipt requested or by personal delivery to the respondent, at the address given in the respondent's most recent application, or if none, in care of the certificate holder with which the respondent is associated.

4.

The respondent shall be advised of his right to appeal the action or decision to the City Council.

D.

Appeals to the Council. Any person aggrieved by a decision of the Director may file an appeal to the Council by filing a written notice of appeal with the Council Secretary and the Director within ten (10) working days of the date of the decision complained of. Such notice shall specify the grounds for the appeal. A hearing on the appeal shall be heard by the Council not later than fifteen (15) days from the date of filing the notice of appeal. If an appeal is filed, the Director shall notify the complaining party, if applicable, and all certificate holders.

E.

Enforcement stayed. If an appeal of the Director's decision is made to the Council, enforcement of such decision shall be stayed until the Council has rendered its decision, unless the Director certifies to the Council that a stay would cause imminent danger to life or property.

F.

Administrative costs and passenger restitution. Any determination by the Director regarding whether or not an applicant, holder, chauffeur, licensee or permittee has failed to comply with any of the provisions of this chapter may also include the requirement that the applicant, holder, chauffeur, licensee or permittee pay a sum not to exceed Five Hundred Dollars ($500.00) to defray administrative costs associated with the investigative and administrative hearing process. Should the Director's determination include a finding that an applicant, holder, chauffeur, licensee or permittee, pursuant to this chapter, requested, demanded or arranged for compensation in an amount greater than the lawful taxicab or paratransit vehicle rate authorized for the service provided, the Director is authorized to require the applicant, holder, chauffeur, licensee or permittee to pay restitution to the passenger/customer equal to the amount of the overcharge.

( Ord. No. 23483, § 1, 4-28-2016 )