§ 162-259. Enforcement.

(a)

The chief of police of the city's police department or the chief's designee may recommend the revocation, suspension, the imposition of a fine, or non-renewal of a license of a vehicle immobilization service or a permit of an operator for due cause. As used in this section, the term "due cause" includes the violation of any section of this article by a vehicle immobilization service or an operator.

(b)

No adverse action shall be taken regarding any license or permit pursuant to this article until and after notice has been provided and a hearing has been held before the license review board to determine just cause for such action. Notice of such hearing shall be given in writing and served at least five days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such license or permit and shall designate the time and place where such hearing will be held.

(c)

The notice shall be served upon the license or permit holder by delivering the notice personally or by leaving such notice at the place of business or residence of the license or permit holder in the custody of a person of suitable age and discretion. If the license or permit holder cannot be found and the service of notice cannot be otherwise made in the manner provided in this section, a copy of such notice shall be mailed registered postage, fully prepaid, addressed to the license or permit holder at the license or permit holder's place of business or residence at least eight days prior to the date of such hearing.

(d)

The license review board shall conduct the hearings and report its conclusions and recommendations to the mayor. The mayor, upon receiving the report, may, within 60 days, deny applications for new licenses and may revoke, suspend or refuse to renew any license. In lieu of suspension, revocation or the failure to renew, the mayor may impose a fine upon any vehicle immobilization service or operator, such fine not to exceed $1,000.00 for each violation of this article. The decision of the mayor may be appealed to the Fulton County Superior Court by filing a writ of certiorari.

(e)

Any vehicle immobilization service whose license has been revoked or an operator whose permit has been revoked pursuant to this Code section shall be disqualified from reapplying for such a license or permit for 12 months immediately following the revocation. The violation of any provision of this article by any person with any ownership interest in a vehicle immobilization service may result in the revocation of the vehicle immobilization service's license.

(f)

The actions of an operator working within the scope of his employment for a vehicle immobilization service can be attributed to the vehicle immobilization service for purposes of determining due cause under this section.

(g)

The maximum fine for any violation of this article shall be $1,000.00. The maximum suspension for any one violation of this article shall be 30 days.

(Ord. No. 2001-48, § 10, 11-28-00)