HomeMy WebLinkAbout89-13 - Amending Section 5.12.080 of Newport Beach Municipal Code Pertaining to Grounds for Revocation of Taxicab Certificates or PermitsORDINANCE NO. 89- 13
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTION
5.12.080 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO GROUNDS FOR
REVOCATION OF TAXICAB CERTIFICATES OR
PERMITS.
I* The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1: Section 5.12.080 of the Newport Beach Municipal
Code shall be amended to read as follows:
Section 5.12.080. Grounds for Revocation.
Any certificate or permit granted under the provisions of this
chapter may be revoked by the City Manager, either as a whole or
as to any person or vehicle described therein or as to the right
to use any distinctive color, monogram or insignia, for any of the
following reasons:
a. That the document required by Section 5.12.070 has not
been filed or has been withdrawn or lapsed or is not in force for
any reason.
•b. For the nonpayment of any City business license or other
fees provided by this Title.
C. For the breach of any rules, regulations or conditions set
out in this Code or the certificate.
d. For the violation of any of the laws of the State of
California or the City with respect to the operation of the
business by any certificate holder, or repeated violations by
operators or drivers of any vehicle covered by such certificate.
e. For failure to maintain satisfactory service to the
public, or for failure to keep any such vehicle in a safe and
sanitary condition and good repair, or for failure to use the
distinctive coloring, monogram or insignia described in the
application, or for deviation from the schedule or rates and fares
set forth in the application.
f. For any cause which the City Council finds makes it
contrary to the public health, interest, convenience, necessity
or general welfare for the certificate or permit to be continued.
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In any such case, the certificate or permit holder shall have
the right to appeal to the City Council in a time and manner set
forth in this Section.
When the City Manager concludes that the grounds for revocation
of a certificate or permit exists, the City Manager shall serve
the certificate or permit holder, either personally or by
certified mail addressed to the business address of the
certificate or permit holder, with a notice of revocation of the
certificate or permit. The notice shall state the reasons for the
revocation, the effective date of revocation if no appeal is filed
by the certificate or permit holder, and the right of the
certificate or permit holder to appeal to the City Council and the
decision to revoke the certificate or permit.
If an applicant is aggrieved by any action of the City Manager
in revoking any certificate or permit under this Chapter, such
applicant may appeal to the City Council by filing with the City
Clerk a statement addressed to the City Council setting forth the
facts and circumstances regarding the action of the City Manager.
The City Clerk shall notify the applicant in writing of the time
and place set forth the hearing on his or her appeal.
The right to appeal to the City Council from the revocation of
any certificate or permit required by this Chapter shall terminate
upon the expiration of fifteen (15) days following the deposit of
a certified letter in the United States Post Office advising the
applicant of the action of the City Manager and of his or her
right to appeal such action to the City Council.
The City Council of the City of Newport Beach may preside over
the revocation hearing or, in the alternative, appoint a hearing
officer to conduct the hearing, receive relevant evidence and to
submit to the City Council findings and recommendations to be
considered by the City Council of the City of Newport Beach. The
City Council of the City of Newport Beach shall render its
decision within forty -five (45) days from the date of the hearing
or, in the event that a hearing officer has been appointed within
forty -five (45) days on which the City Council receives the
findings and recommendations of the hearing officer. The decision
of the City Council shall be final.
Section 2: The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within fifteen (15) days after its adoption.
Section 3: This Ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the 8th
day of May , 1989, and adopted on the 22nd day of May ,
1989, by the following vote, to -wit:
AYES, COUNCILMEMBERS TURNER, SANSONE,
PLUMHER, STRAUSS, COX, WATT
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS HART
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