(a) Any permit issued by the city under this article may be revoked by the chief of police for any of the following reasons including but not limited to the following:
(1) The existence of any fact which, at the time of application, would have caused the chief of police to deny the application, whether such fact existed at the time of the application or occurred thereafter;
(2) Any violation of laws relating to the operation of a motor vehicle, including, but not limited to, reckless driving, driving under the influence of alcohol or controlled substances or other violations indicating that a driver is not competent to operate a taxicab or vehicle for hire;
(3) A motor vehicle accident resulting in injuries to persons or property caused by the culpable act or omission of the driver or operator;
(4) Failure to pay any judgment for damages arising out of the unlawful or negligent operation of any taxicab or vehicle for hire;
(5) Failure to maintain insurance as required by this article;
(6) Failure to maintain a taxicab or vehicle for hire in a safe and sanitary condition such that the vehicle could pass, at any time throughout the permit period, the inspection required for the issuance of a vehicle permit; or
(7) Any violation of this article.
(b) The permit holder shall be entitled to appeal the city’s decision to revoke or suspend the permit by filing a written notice of appeal with the city clerk within ten days from the date the notice of revocation is mailed. The appeal shall set forth the reasons why such action is not proper. Failure to set forth specific reasons why the action is improper or to timely file such appeal shall constitute a waiver of the right to appeal, and the proposed adverse action shall become final.
If the permit holder files a timely request for appeal, a hearing shall be held with at least ten days written notice of the hearing date, time and location to the appellant. The hearing shall be conducted by the city council. The appellant shall be entitled to present evidence and testimony in this hearing and the city council’s decision shall be final.
Pending the appeal hearing it shall be lawful for the permit holder to operate his or her business or operate a taxicab or vehicle for hire unless the permit at issue has been suspended, with a finding by the chief of police that continued operation represents an unsafe condition for the public. If the notice of revocation is affirmed on appeal, the permit at issue immediately shall be revoked and surrendered to the city. Any operator or driver whose permit has been revoked shall not be eligible to apply for another permit for one year after the effective date of revocation. City council may establish by resolution a fee for such appeals. (Ord. No. 1399, § 3 (part).)