(a) 
The department may inspect any vehicle tow service or vehicle storage facility to determine whether the certificate holder is in compliance with this article, regulations established under this article and other applicable ordinances or laws.
(b) 
A certificate holder or employee of a certificate holder shall not attempt to interfere or refuse to cooperate with the department in the conduct of any investigation or discharge of any duty pursuant to this article.
(Ordinance 2011-011, sec. 2, adopted 5/9/11; 1988 Code, sec. 35-22)
(a) 
If the department determines that a certificate holder is in violation of this article, terms of its certificate of registration, a regulation established by the department, or other law, the department may notify the certificate holder in writing of the violation and, by written order, direct the certificate holder to correct the violation within a reasonable period of time. In setting the time for correction, the department 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 department shall order the certificate holder to immediately cease use of the equipment.
(b) 
If the department determines that a violation constitutes an imminent and serious threat to the public health or safety, the department shall order the certificate holder to correct the violation immediately. If the certificate holder fails to comply, the department shall promptly take action as the department considers necessary to enforce the order.
(c) 
The department 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. The notice shall further include a warning that failure to comply with the order may result in suspension or revocation of a certificate of registration or imposition of a fine or both and a statement indicating that the order may be appealed to the city manager.
(d) 
In the event that the department shall send a notice or require, in writing, an explanation from a certificate holder in an administrative capacity, the certificate holder shall respond in a reasonable period of time not to exceed five (5) days excluding holidays. Failure to respond within a reasonable period of time may result in the enforcement of an administrative form of discipline, which may include the suspension or revocation of any certificate of registration issued pursuant to this article.
(Ordinance 2011-011, sec. 2, adopted 5/9/11; 1988 Code, sec. 35-23)
(a) 
A certificate holder may appeal a correction order issued under this article if an appeal is required in writing not more than ten (10) days after notice of the order or action is received.
(b) 
The city manager or a designated representative of the city manager or chief of police shall act as the hearing officer in an appeal hearing.
(c) 
The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The hearing officer shall make a ruling on the basis of a preponderance of evidence presented at the hearing.
(d) 
The hearing officer may affirm, modify or reverse all or part of the order of the department. The decision of the hearing officer is final.
(Ordinance 2011-011, sec. 2, adopted 5/9/11; 1988 Code, sec. 35-24)