§ 162-225. Revocation of license; appeals from order of revocation.

(a)

The police chief or the chief's designee may revoke the license to operate a wrecker of any person on any of the following grounds:

(1)

If the license to operate was procured by fraudulent conduct or false statement of a material fact;

(2)

If the licensee proceeds to the scene of an accident in violation of this article;

(3)

If the licensee uses a police radio to obtain information as to the location of the scene of an accident;

(4)

If the licensee shall pay in the form of a gratuity any person not interested in an accident for information as to the location of an accident;

(5)

If the licensee makes any payment to the owner or one in possession of a parking lot or vacant lot in excess of the reasonable and customary fee ordinarily charged by the owner or person in possession of the parking lot or vacant lot for parking thereon, such payment shall be considered a kickback;

(6)

If the licensee charges fees in excess of those set out in section 162-227 or violates section 162-233; or

(7)

If the licensee violates O.C.G.A. § 44-1-13 or any section of this article.

(b)

The violation of any three provisions of this article by any owner or by any employee of a wrecker service or company shall result in the automatic revocation of the wrecker service or company's license.

(c)

This revocation shall terminate all authority and permission granted by the license to operate issued to the wrecker owner or any person. Any person whose license has been revoked shall not be eligible to again apply for a license for a period of one year from the date of the revocation.

(d)

Any person whose license to operate has been revoked by the police chief or the chief's designee may file an appeal to the license review board within 20 days from the date of revocation. The license review board shall conduct the hearing at a regularly scheduled meeting and report its conclusions and recommendations to the mayor. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, concur with or reverse the recommendation of the license review board. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor.

(Code 1977, § 14-9005; Ord. No. 2008-79(08-O-1677), § 27, 11-6-08)