The Police Department generally, and the Chief of Police in particular, are hereby designated as the enforcing authority to enforce the provisions of this chapter as well as the rules and regulations adopted hereunder. The enforcing authority shall have the authority to hear complaints against any licensed tower whether brought by Township personnel, the public or other licensed towers.
A. 
Subject only to the hearing provisions set forth in § 304-13, the Township may revoke a towing license and terminate a towing contract on any of the following grounds:
(1) 
Submitting a fraudulent or misleading application;
(2) 
A criminal conviction of the licensed tower or a named principal thereof;
(3) 
Failure to respond reliably and promptly to calls for assistance or engaging in any other conduct which interferes with the proper operation of the call rotation system maintained by the Police Department;
(4) 
Violations of motor vehicle laws and/or municipal ordinances by the licensed tower, any driver of a tow vehicle and/or any employee of the licensed tower;
(5) 
Failure or refusal to remove a motor vehicle when requested to do so by an appropriate municipal official;
(6) 
Violations of the Zoning Ordinance, property maintenance code[1] or any other applicable ordinances or codes of the Township of Berlin pertaining to the use or condition of the storage facilities used by the licensed tower and/or the licensed tower's base of service; or
[1]
Editor's Note: See Chs. 340, Zoning, and 249, Property Maintenance, respectively.
(7) 
Violation and/or breach of any of the terms, conditions, rules and regulations of this chapter and/or any of the provisions of the towing contract.
B. 
The Chief shall provide a licensed tower written notice of cause for revocation of a towing license and termination of a towing contract. The notice shall identify the reasons for revocation and termination and shall indicate the date, time and location at which the Chief will conduct the hearing required by § 304-13.
A. 
No towing license or towing contract shall be terminated until after the Chief has issued the notice required by § 304-12B and has conducted a hearing in accordance with this section.
B. 
The notice required by § 304-12 shall set forth a hearing date which shall not be less than 10 days nor more than 30 days after the date upon which the notice is served upon and/or delivered to the licensed tower.
C. 
The licensed tower shall have the right to file an answer to the notice and to appear in person, or be represented by an attorney, and give testimony at the place and time fixed for the hearing. Any such answer must be filed at least five days before the hearing date. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Chief.
D. 
After the hearing, the Chief shall set forth in writing the findings of fact in support of the determination to be made and shall issue and cause to be served upon the licensed tower said findings and determinations. In the event the towing license is revoked, the Chief shall immediately notify the governing body who shall ratify the Chief's decision in a resolution which revokes the towing license and terminates the towing contract.
E. 
The licensed tower may appeal the decision of the Chief to the governing body upon submission of a written request for an appeal hearing. The governing body shall provide the licensed tower with notice of the time and place of the appeal hearing, at which hearing the licensed tower will be given an opportunity to present reasons why the towing license should not be revoked and the towing contract should not be terminated.
Any and all complaints or disputes between any person whose vehicle has been towed or stored by a licensed tower in accordance with this chapter shall be submitted to the Police Department, in writing, within seven days of the complainant's receipt of the invoice for towing and/or storage charges. The written complaint shall explain the nature of the complaint or dispute in sufficient detail for the Police Department to understand same and shall contain a statement indicating the relief sought. All complaints and/or disputes submitted in accordance with this section shall be resolved within the discretion of the Chief.