Licenses issued under the provisions of this chapter are subject
to revocation and/or suspension pursuant to the procedures set forth
hereafter for any of the following causes:
A.
Fraud, misrepresentation or false statement contained in the application
for the license or any other document submitted to the Borough under
the terms of this chapter.
B.
Any violation of this chapter or any other municipal regulation.
C.
Any event, occurrence or state of facts which would render the applicant
ineligible for a license pursuant to the terms and requirements of
this chapter.
D.
Any other cause which, pursuant to the terms of this chapter, reserve
to the Borough the right to suspend or revoke licensing privileges.
E.
Unsatisfactory service by the licensed tower.
F.
Violation of any state or federal law or regulation appertaining
to the business of towing and/or storage of vehicles.
G.
Failure of a licensed tower on more than one occasion to have available
for service the minimum required equipment for licensed towers as
set forth herein or failure to respond to a service call within 15
minutes.
The procedure for implementing the revocation and suspension
provisions above shall be as follows:
A.
The Borough Administrator, upon determination that a complaint, filed
either by the Director (or his designee) or a party who received towing
services pursuant to this chapter, has sufficient merit may recommend
the suspension or revocation of a license issued hereunder.[1]
B.
A notice of such proposed action shall be provided to the licensee.
Such notice shall set forth with specificity the proposed final sanction
to be imposed by the Borough for the violation, which may include
suspension, revocation and/or permanent disqualification, as well
as the basis for the proposed action.
(1)
Such notice shall be delivered to the licensee either by personal
service, or by United States Postal Services.
(2)
Where United States Postal Services is used, the notice shall be
mailed by both first class mail and by certified mail, return receipt
request. It shall not be a defense that the licensee has refused to
accept delivery of such mail. Said mail shall be made to the business
office address provided by the licensee in its application. A licensee
shall have a duty to notify the Borough of any change in mailing address.
C.
Where the Borough Administrator, in his or her sole judgment, believes
that such complaint has sufficient merit and gravity so as to require
immediate action, he or she shall for good cause have the right to
immediately suspend the licensee's privileges for the remainder
of said licensee's current rotation. In such instance, the Borough
Administrator must cause to have such notice of immediate suspension
hand-delivered to the licensee, with a copy to the Police Department.
D.
The notices referred to shall specify the date when the final sanction
shall become effective unless the licensee shall appeal the determination
within the time and manner provided for such appeal pursuant to the
provisions herein. Failure of the licensee to timely appeal per these
provisions shall render the determination of the Borough Administrator
as final.
A.
A licensee who has received a notice of immediate and/or proposed
suspension, revocation or permanent disqualification from the Borough
Administrator shall have the right to appeal the determination of
the Borough Administrator to the Mayor and Council.
B.
In order to appeal such determination, the aggrieved licensee must
file a written notice of appeal to the Mayor and Council by certified
mail, return receipt requested, or by hand-delivery to the Borough
Clerk, within 10 days of the date of the initial suspension, inclusive
of weekends and holidays. The notice of appeal shall specify whether
the appeal is as to the merits of the complaint or the final proposed
sanction, or both.
C.
Upon receipt of a timely notice of appeal, a hearing before the Mayor
and Council shall be held not later than 10 days after the receipt
of the notice of appeal. The Mayor and Council shall set the time
and place of the hearing of such appeal, and the licensee shall be
given written notice of same.
D.
The hearing may be adjourned by the Mayor and Council by consent
of both parties or, in the absence of consent, for good cause. The
licensee shall have the right to be heard at the hearing, with or
without counsel. Following the hearing, the Mayor and Council shall
render a final decision.
Upon the expiration of any suspension period, the licensee shall
be returned to the towers list in the last position of the then current
rotational list. A licensed tower whose towing privileges have been
revoked pursuant to the provisions of this chapter shall be ineligible
to apply for a license for a period of three years following such
revocation. Upon a determination by the Mayor and Council that a licensee's
license is revoked, the licensee shall surrender the license to the
Borough Clerk within two calendar days, failing which the Mayor and
Council shall have the right to impose further penalties, including
permanent disqualification of the licensee from the official towers
list
Nothing herein contained is intended to nor shall it prevent
or otherwise limit the right of any person to commence or maintain
an action for damages or any other relief directly against an official
tower in a court of competent jurisdiction.
