Fort Walton Beach Council agenda — 05-09-06 ‎(workshop)‎ — reading text

2. The complainant shall be heard first and may have an opportunity 52 to add any information regarding the original complaint as necessary to resolve the issue. 53 54 3. The owner and operator shall then have an opportunity to present 55 any evidence or explanation of the actions taken by the owner and operator or other 56 matters relevant to the complaint. 57 58 4. Upon review of the evidence presented at the hearing, the hearing 59 officer shall issue a written memorandum of findings and order that sets the remedy, 60 penalty, or other action taken against the owner and operator or determines that no action 61 should be taken on the complaint. Such order may suspend or revoke the owner' s and 62 operator' s privilege to engage in the business of private property towing or the City 63 rotation program, or fashion any other remedy, permitted by law, required to do justice 64 and equity between the complainant and the owner and operator. 65 66 5. The hearing officer may revoke the privilege of any person to do private 67 property towing on any of the following grounds: 68 a. If the towing service owner or operator fails to register as required 69 by this chapter; 70 b. If the registration contains false statement of a material fact; 71 c. If the towing service owner or wrecker operator provides monetary 72 or other compensation to the private property owner for the privilege of towing vehicles 73 from the property under contract; 74 d. The towing service owner or operator provides monetary 75 compensation to the private property owner for each individual vehicle towed from the 76 property; 77 e. If the towing service owner or wrecker operator charges fees in 78 excess of those set by council resolution; 79 f. If the towing service owner or wrecker operator violates any of the 80 provisions of section 715. 07, Fla. Stat., as amended, or this chapter; or 81 g. If a wrecker operator fails to display on or about his person or on 82 the dashboard of the wrecker, easily visible to the public, the wrecker operator permit 83 while performing a private property or rotation tow. . 84 85 86 6. Three violations of the provisions of Ordinance 1671 as codified by any 87 owner and/ or operator of a towing service or towing service vehicle shall result in the 2  88 automatic suspension of the owner' s or operator' s privilege to engage in the business of 89 private property towing. 90 91 7. An owner suspended for acts of an employee/ operator in shall not be 92 violation of this section unless the owner actively participated in or had knowledge of the 93 violation and took no corrective action against the employee/ operator. 94 95 8. Any towing service owner or operator whose privilege to engage in the 96 rotation or private property towing has been revoked shall not be eligible to again register 97 with the police department for private property towing for a period of one year from the 98 date of revocation. 99 100 9. Any towing service owner or operator whose privileges have been revoked 101 or suspended may file an appeal to the City Council, under the following provisions. 102 a. Notice of appeal shall be mailed by certified mail to the hearing 103 officer within ten ( 10) days of the date of issuance of the written memorandum of 104 findings and order. 105 b. Upon receipt of a notice of appeal, the Hearing Officer shall notify 106 the City Manager, who shall then schedule such appeal hearing at the next available City 107 Council meeting. 108 c. The appeal hearing before the City Council shall be a full hearing 109 of all evidence, matters, and findings made by the hearing officer relevant to the 11 0 complaint. III d. The complainant shall be heard first and may have an opportunity 112 to add any information the original complaint as necessary to resolve the regarding 113 complaint. 114 e. The owner and operator shall then have an opportunity to present 115 any evidence or explanation of the actions taken by the owner and operator or other 116 matters relevant to the complaint. 117 f. Upon review of the evidence presented at the hearing, the Council 118 shall make a motion that includes findings and sets the remedy, penalty, or other action 119 taken against the owner and operator or detennines that no action should be taken on the 120 complaint. 121 g. Such motion may suspend or revoke the owner' s and operator' s rotation 122 privilege to engage in the business of private property towing or the City law, required to do justice and equity 123 program, or fashion any other remedy, permitted by 124 between the complainant and the owner and operator. 125 126 127 Section V. This resolution shall take effect upon adoption by the Council. 128 129 130 131 Mike Anderson, Mayor If"....... 3  1 RESOLUTION: 06- 11 2 3 A RESOLUTION OF THE CITY OF FORT WALTON 4 BEACH, FLORIDA, ESTABLISHING 5 ADMINISTRATIVE PROCEDURES FOR THE 6 ROTATION WRECKER PROGRAM OF THE CITY OF 7 FORT WALTON BEACH, FLORIDA, AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT 11 WALTON BEACH: 12 13 Section I. That the City Council hereby establishes, pursuant to the terms of 14 Ordinance 1671, the administrative procedures for the Rotation Wrecker Program as 15 follows. 16 17 Section II. The City Police Chief, under direction of the City Manager, shall 18 administer the City of Fort Walton Beach, Florida, Rotation Wrecker Program pursuant 19 to the following guidelines. 20 A. Pennit Required; Other Conditions 21 1. All participants of the rotation wrecker program must have a valid wrecker 22 pennit, and City occupational license. 23 2. The police department shall have authority to review wrecker pennit 24 applications and issue the wrecker pennit for the operation of rotation wreckers within 25 the city. A rotation wrecker pennit will not be issued unless the wrecker and operator 26 proposed to be used, complies with the minimum requirements of Florida law and the 27 City's Code of Ordinances. 28 3. Each wrecker company licensed to operate in the city shall have prepared 29 billheads with the name and address of the wrecker company printed thereon. The 30 operator of a wrecker, before removing a disabled vehicle from the scene, shall prepare a 31 bill on such billhead fonn showing the total amount charged for towing service, the 32 original of which shall be given to the owner of the disabled vehicle or his authorized 33 representative, and the other copy retained by the owner of the wrecker. 34 4. In addition to any requirement of Florida law and the Code, any wrecker 35 company participating in the city wrecker rotation program shall: 36 a. Have a current city occupational permit; 37 b. Have applied to participate in such program; 38 c. Maintain a 24- hour wrecker service; 39 d. Maintain their primary business office, storage facility and have an 40 on- call wrecker within the city limits; 41 e. Have each wrecker vehicle inspected for compliance with the city 42 wrecker vehicle inspection fonn and pennitted by the police department; 43 f. Each wrecker company shall provide proof of vehicle and liability 44 Insurance. 1  1 2 B. Use of Rotation Wrecker 3 When a police officer investigating an accident detennines that a vehicle which 4 has been involved in a collision or accident upon a public street is unable to proceed 5 safely under its own power, or when the owner or operator thereof is physically unable to 6 drive such vehicle, such officer shall request the owner or operator to designate the 7 wrecker company that he or she desires to remove the vehicle. 8 9 1. When the owner or operator has designated the wrecker company desired, 10 the police officer shall communicate that fact immediately to police communications, and 11 it shall be the duty of the communications officer receiving such infonnation to call the 12 designated company to send a wrecker to the scene of the accident or collision. 13 14 2. If the owner or operator of a vehicle involved in an accident or collision is 15 physically unable to designate a desired wrecker company or declines to designate one, 16 the investigating officer shall communicate that fact immediately to police 17 communications and proceed as follows. 18 a. police department shall keep a master rotation list, in The 19 alphabetical order, of all wrecker companies participating in the wrecker rotation 20 program. 21 b. On receiving the first communication, the communications officer 22 receiving such transmission at police headquarters shall call the first wrecker company on 23 the rotation list to tow the disabled vehicle. 24 c. If a wrecker belonging to the wrecker company receiving the 25 communication fails to arrive at the scene of an accident within 35 minutes, the 26 investigating officer shall notify police communications. 27 d. The first wrecker company called shall be cancelled and the next 28 wrecker company on the rotation list shall be called. 29 e. The wrecker company whose call was cancelled shall be placed in 30 last position on the rotation list and a notation of failure to respond shall be recorded as a 31 remark. 32 f. In each succeeding