Fort Walton Beach Resolution — 06-10-Wrecker-Hearing Officer Procedure — reading text

RESOLUTION: 06-10 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR HEARING OFFICER PROCEEDINGS, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH: Section I. The City . Council hereby establishes, pursuant to the terms of Ordinance 1671, the procedures for the police chief or his designee to act as the hearing officer regarding complaints for violations by wrecker operators and owners in the city limits of the City of Fort Walton Beach. Section n. Hearing Officer Assignment. The City Manager shall assign either the police chief or another designee as the hearing officer for all purposes under this resolution. Section In. Hearing Officer Authority. The hearing officer shall have jurisdiction and authority to hear, decide, and issue orders and directives regarding any violation of the provisions of Ordinance 1671, as codified, and anyviolation of Florida law and the Code of Ordinances relating to the provision, licensing, and conduct of wreckers, wrecker operators and owners, and all wrecker related services. Section IV. Procedures; Penalties A. Notice of Action 1. Any person may make a complaint of a violation of the provisions of Ordinance 1671, as codified, or any provision of Florida law or the Code of Ordinances by a wrecker owner or operator, on a form available at the police department. 2. Upon receipt of any complaint, the hearing officer shall determine whether the complainant seeks a hearing on the complaint. If the complainant seeks a hearing, the hearing officer shall establish a hearing date, not longer than fifteen ( 15) days from the date of the complaint. 3. If the hearing officer schedules a hearing, the hearing officer shall inform the complainant and the owner and operator by certified mail, mailed to the primary place of business, at least seven days prior to the hearing date. 4. Such notificationshall inform the complainant, owner, and of the operator of the time, date, and location of the hearing, and shall attach a copy complaint. 5. The Hearing Officer shall attempt to accommodate any reasonable request for the time of the scheduled hearing, so long as the hearing is held between the hours of 9:00 a.m. and 5: 00 p.m.  B. Conduct of Hearing 1. Any hearing shall commence promptly at the time scheduled for the matter and shall not be delayed or continued unless agreed, in writing, by the complainant, the owner and operator and the hearing officer. 2. The complainant shall be heard first and may have an opportunity to add any information regarding the original complaint as necessary to resolve the issue. 3. The owner and operator shall then have an opportunity to present owner and operator or other any evidence or explanation of the actions taken by the matters relevant to the complaint. 4. Upon review of the evidence presented at the hearing, the hearing officer shall issue a written memorandum of fmdings and order that sets the remedy, penalty, or other action taken against the owner and operator or determines that no action should be taken on the complaint. Such order may suspend or revoke the owner' s and the City operator' s privilege to engage in the business of private property towing or rotation program, or fashion any other remedy, permitted by law, required to do justice and equity between the complainant and the owner and operator. s. The hearing officer may revoke the privilege of any person to do private property towing on any of the following grounds: a. If the towing service owner or operator fails to register as required by this chapter; b. If the registration contains false statement of a material fact; c. If the towing service owner or wrecker operator provides monetary or other compensation to the private property owner for the privilege of towing vehicles from the property under contract; d. The towing service owner or operator provides monetary compensation to the private property owner for each individual vehicle towed from the property; e. If the towing service owner or wrecker operator charges fees in excess of those set by council resolution; f. If the towing service owner or wrecker operator violates any of the provisions of section 715. 07, Fla. Stat., as amended, or this chapter; or g. If a wrecker operator fails to display on or about his person or on the dashboard of the wrecker, easily visible to the public, the wrecker operator permit while performing a private property or rotation tow. 6. Three violations of the provisions of Ordinance 1671 as codified by any owner and/or operator of a towing service or towing service vehicle shall result in the automatic suspension of the owner's or operator's privilege to engage in the business of private property towing. Res. 06- 10 2  7. An owner shall not be suspended for acts of an employee/ operator in violation of this section unless the owner actively participated in or had knowledge of the violation and took no corrective action against the employee/ operator. 8. Any towing service owner or operator whose privilege to engage in the rotation or private property towing has been revoked shall not be eligible to again register with the police department for private property towing for a period of one year from the date of revocation. 9. Any towing service owner or operator whose privileges have been revoked or suspended may file an appeal to the City Council, under the following provisions. a. Notice of appeal shall be mailed by certified mail to the hearing officer within ten (10) days of the date of issuance of the written memorandum of findings and order. b. Upon receipt of a notice of appeal, the Hearing Officer shall notify the City Manager, who shall then schedule such appeal hearing at the next available City Council meeting. c. The appeal hearing before the City Council shall be a full hearing of all evidence, matters, and findings made by the hearing officer relevant to the complaint. d. The complainant shall be heard first and may have an opportunity to add any information regarding the original complaint as necessary to resolve the complaint. e. The owner and operator shall then have an opportunity to present and operator or other any evidence or explanation of the actions taken by the owner matters relevant to the complaint. f. Upon review of the evidence presented at the hearing, the Council shall make a motion that includes findings and sets the remedy, penalty, or other action taken against the owner and operator or determines that no action should be taken on the complaint. g. Such motion may suspend or revoke the owner's and operator's privilege to engage in the business of private property towing or the City rotation program, or fashion any other remedy, permitted by law, required to do justice and equity between the complainant and the owner and operator. Section V. This resolution shall take effect upon adoption by the Council. 1. dOtJh 4 Mike Anderson, Mayor Vate . ' ATIESlJ. By: By: Res. 06- 10