Healdsburg Municipal Code Art. VI Enforcement

A. Any operator or driver may request a hearing to contest any action of the police chief to suspend, revoke or deny a permit required under this chapter by completing a request for hearing form and returning it to the City Clerk within 15 days from the date of the suspension, revocation or denial of the permit. At the time of returning the request for hearing form to the City Clerk, the person or entity requesting the hearing shall pay a processing fee of $150.00 or such other amount as may be set by the City Council and amended from time to time. Failure to pay the processing fee, make arrangements for payment of the fee, or seek a waiver of the fee may result in the hearing being postponed until the fee is paid or a waiver is obtained.

B. The police chief, or his or her designee, may institute administrative proceedings to determine if the unauthorized operation of a taxicab has occurred by issuing an order to show cause ("OSC"). A notice of the OSC shall be sent to the violating party at least 10 calendar days prior to the hearing date. Failure of the violating party to attend the hearing shall constitute a failure to exhaust administrative remedies.

C. Any hearing conducted pursuant to this section, whether a hearing requested by an operator or driver, an OSC hearing requested by the police chief or his or her designee, or an appeal hearing from a decision of a hearing officer, shall be set for a date not less than 15 days nor more than 60 days from the date that the request for hearing form, OSC or notice of appeal is filed in accordance with this chapter.

D. If the police chief or his or her designee issues an OSC, a copy of the OSC shall be personally served on the violator or shall be sent by registered or certified U.S. mail to the violator at the address listed on the most recent permit application or renewal application. In the case of service by registered mail or certified mail, service shall be completed at the time of deposit into the United States mail. The failure of any person to receive a copy of an OSC that was sent via registered or certified mail shall not affect the validity of any enforcement proceedings under this chapter.

E. Any hearing conducted in accordance with this section shall provide a full opportunity for the person or persons subject to a suspension, revocation or denial of a permit or an OSC to object to the determination that a violation has occurred, that the violation continues to exist, and/or that a suspension, revocation or denial of a permit is justified. The failure of any interested party to appear at a hearing under this section shall constitute a failure by such party to exhaust his/her/their administrative remedies, and a waiver of the same.

F. At the place and time set forth in the notice of hearing, the hearing officer shall conduct a hearing and consider any written or oral evidence regarding the violation(s) or suspension, revocation or denial of a permit that may be presented by the violator, any officer or agent of the City, and any other interested party.

G. After receiving all of the evidence presented, the public portion of the hearing shall be closed. The hearing officer may then consider what action or actions, if any, should be taken, including the imposition of any fines or penalties.

H. Within 10 days following the conclusion of the hearing, the hearing officer shall issue written findings and make a determination regarding the existence of the violation(s), failure of the violator to take required corrective action within the specified time period, and/or suspension, revocation or denial of a permit required under this chapter. If the hearing officer finds by a preponderance of the evidence that a violation occurred, that the violation was not corrected within the specified time period, or that the suspension, revocation or denial of the permit was justified, the hearing officer shall issue an order setting forth his or her findings, ordering the violator to correct any condition(s), any administrative fines or penalties as set forth below, an order allowing for recovery of administrative costs, including costs incurred by the City in connection with the proceeding, attorneys' fees, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and the cost of a re-inspection necessary to enforce the order.

I. The hearing officer shall serve the order in the manner and method set forth in subsection (D) of this section.

(Ord. 1083 § 2, 2009)

Any person or persons aggrieved by any decision of the hearing officer may appeal to the City Council by filing a notice of appeal with the City Clerk within 15 days of the serving or mailing of the order. The City Clerk shall fix a time and place for hearing such appeal, and shall give notice in writing to the appealing party at the address listed in the most recent permit application or renewal. The findings of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of the notice of hearing.

(Ord. 1083 § 2, 2009)

A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. In the event any civil suit or action is brought by the City to enforce the provisions of this chapter, the person responsible for such violation shall be liable to the City for the City's costs of the suit, including, but not limited to, the City's expert fees, auditor's fees and other costs of the suit. The prevailing party in such suit shall be entitled to recover its attorneys' fees in an amount not to exceed the amount of attorneys' fees incurred by the City in such action.

B. After a hearing and upon finding that any person, firm or corporation does not have the proper authority to operate a taxicab under this chapter or has violated the advertising requirements under Government Code Section 53075.9, the City may impose a fine of not more than $5,000. The fine may cover the reasonable expenses of the investigation. The City may assess interest on any fine or assessment imposed hereunder, to commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be deposited at least once each month in a fund established for the purpose of enforcing the provisions of this chapter.

C. In addition to any other remedies available under this chapter, the City may also seek to terminate the telephone service of the violator. If the termination of telephone service is sought, the notice and hearing procedures under Government Code Section 53075.8 shall be followed.

D. In addition to any other enforcement remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess, any violation of this chapter may be prosecuted or enforced as a code violation in accordance with Chapter 1.12 HMC, as that chapter may be amended from time to time. The City may also prosecute or enforce violations of this chapter as a criminal offense or by a civil court action, prosecuted by the City attorney in the name of the City or in the name of the people of the state of California, by seeking the appointment of a receiver, or in any other manner provided by law.

(Ord. 1083 § 2, 2009)