Fort Walton Beach Ordinance — 2128--Amend COO Section 11.12 Wrecker Operation & Services — reading text

exceed five hundred dollars ($ 500. 00) or by imprisonment in the county jail not to exceed sixty 60) days, or by both a fine and imprisonment This enforcement procedure and penalty for violations of this article is adopted under the express authority of F S & 162.22. This article may be enforced by the Fort Walton Beach Police Department or Growth Management Department 2) In addition to any criminal penalties which may beiimposed the City shall have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, including_ a) Civil Citation; b) Prosecution before the Fort Walton Beach Code Enforcement Board or Special Magistrate, trate; c) Injunctive relief to enjoin and restrain any person from violating this article; or d) Any other relief available pursuant to law. 11. 12. 062 Penalties for a violation of sections 11. 12. 03 and 11 12 04 are administrative: 1) The first violation within a three-year period will result in a letter of warning unless it is a violation of State Law or an insurance requirement which will result in a suspension until they are resolved. Subsequential violations can result in suspension or removal from the City' s wrecker operational system. 2) Once a wrecker operator has been suspended for more than 30 days or removed from the list the wrecker operator must make a new application 3) Wrecker operators are responsible for complying with any applicable federal state county or city laws rules or regulations regarding the removal towing recovery, storage and notification of owners and lienholders. Wrecker operators shall maintain any local or state license required for the operation of a wrecker service If the required license is not obtained and provided to the City within 30 days of the date of cancellation or expiration the wrecker operator shall be removed from the list. 11. 12. 063 Procedure for denial removal or suspension. 1) The Chief of Police shall make the determination to the status of a wrecker operator and may suspend or remove an operator.  2) Within 30 days from the date of the decision any anneal of the decision of the Chief of Police shall be filed with the City Clerk and heard by the City' s Special Magistrate The decision of the City' s Special Magistrate upon such appeal shall be final and only appealable to a court of law. If the City does not have a Special Magistrate at the time the appeal is filed by the Wrecker Operator, then such appeal shall be heard before the City' s Board of Adjustment whose decision shall be final, and only ppealable to a court of law. SECTION 3. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Wrecker Services will be required to obtain a permit from the police department within 60 days of the effective date. Q Adopted: / td. els tit ti Richard A. Rynearson, Mayor Attest: Approved as to legal form and sufficiency for the, City of Fpft Walton Beach, only. Kim N . arnes, City Clerk Kimberly Romano Kopp, City Attorney Additions are underlined;