The director and his delegates may inspect a taxicab service
operating under this chapter to determine whether the service complies
with this chapter, regulations established under this chapter, or
other applicable law.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
Whenever a holder’s operating authority or a taxicab driver’s
license is suspended, revoked, or denied or whenever a vehicle fails
to pass inspection as a taxicab, the director may remove or require
the surrender of all evidence of authorization as a holder, taxicab
driver, or taxicab, including, but not limited to, removal or surrender
of operating authority, licenses, permit cards, and signs, if applicable.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
Officers of the police department shall assist in the enforcement
of this chapter. A police officer upon observing a violation of this
chapter or the regulations established by the director shall take
necessary enforcement action to insure the effective regulation of
taxicab service.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
(a)
If
the director determines that a holder violates this chapter, 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 he considers necessary to enforce the order
immediately.
(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 operating authority or imposition of a fine or both, and a statement
indicating that the order may be appealed to the city manager.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
(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 by the director; or
(2)
A driver licensed by the city under article III must be personally
served or sent by certified United States mail, five (5) day return
receipt requested, to the address, last known to the director, of
the person to be notified, or to the designated representative for
drivers.
(c)
Notice required under this chapter to be given a person other than a driver licensed under article III or a holder may be served in the manner prescribed by subsection (b)(2).
(d)
Service
executed in accordance with this section constitutes notice to the
person to whom the notice is addressed. The date of service for notice
that is mailed is the date received.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
(a)
A holder may appeal a correction order issued under section 27-103 or any other action of the director if an appeal is requested in writing not more than ten (10) days after notice of the order or action is received.
(b)
The
city manager or his designated representative shall act as the appeal
hearing officer in an appeal hearing under this section. The hearing
officer shall give the appealing party an opportunity to present evidence
and make argument in his behalf. The formal rules of evidence do not
apply to an appeal hearing under this section, and the hearing officer
shall make his ruling on the basis of a preponderance of evidence
presented at the hearing.
(c)
The
hearing officer may affirm, modify, or reverse all or a part of the
order of the director. The decision of the hearing officer is final.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
