Pittsburg Municipal Code Art. V Implementation And Enforcement

A. Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the police department shall investigate any business that advertises or operates taxicab transportation services for hire within the city. The chief of police shall adopt criteria that establishes the type of information, if contained in a complaint, that is sufficient to warrant an investigation under this section.

B. In an investigation initiated under this section, the police department shall, in the course of its investigation:

1. Determine whether the business investigated has valid certificates and permits as required by this chapter;

2. Inform any business not having valid authority to operate that it is in violation of law;

3. Within 60 days of informing the business pursuant to subsection (B)(2) of this section, institute civil or criminal proceedings, or both, pursuant to the Pittsburg Municipal Code or other authority of jurisdiction.

(Ord. 15-1400 § 1 (Exh. A), 2015)

Violation of this chapter may be punishable as an infraction or as a misdemeanor pursuant to Chapter 1.12 PMC.

(Ord. 15-1400 § 1 (Exh. A), 2015)

It is unlawful for any person to violate a provision of, or fail to comply with, any requirement of this chapter. The city may enforce this chapter by any lawful means, including suspension or revocation of a certificate or permit, and any remedy set forth in Chapter 1.12 PMC.

(Ord. 15-1400 § 1 (Exh. A), 2015)

In addition to any remedy sought pursuant to this code, if after a hearing the city determines that any person or corporation is or has operated a taxicab transportation service without a valid certificate or permit required by this chapter, or has failed to comply with the requirements of PMC § 5.56.170 with regard to any written or oral advertisement, that person or corporation shall be subject to a fine of up to $5,000 for each violation. In addition, the city shall assess the person or corporation an amount sufficient to cover the reasonable expenses of investigation incurred by the city and interest on any fine or assessment imposed, to commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected pursuant to this section shall be deposited at least once each month in a fund established for the enforcement of the violations described in this section.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A city police officer may impound a vehicle used in violation of this chapter; however, no officer shall impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services. The impoundment of vehicles under this section is subject to the procedures described in Government Code Section 53075.61, which include the following:

A. If the vehicle is seized from a person who is not the owner of the vehicle, the city shall immediately give notice to the owner by first-class mail.

B. The vehicle shall immediately be returned to the owner without cost to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of the ordinance without the knowledge and consent of the owner. Otherwise, the vehicle shall be returned to the owner upon payment of any fine ordered by the court. After the expiration of six weeks from the final disposition of any criminal case, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.

C. At any time, a person may make a motion in superior court for the immediate return of a vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. Filing an Appeal – Notice and Date of Hearing.

1. Any person aggrieved by a decision to grant, deny, suspend, revoke, or decline to renew any certificate or permit issued under this chapter may appeal the decision within 10 days of the decision. An appeal pursuant to this section shall be in writing, shall state the specific reasons for the appeal and the grounds asserted for relief, and be accompanied by a nonrefundable appeals processing fee set by city council resolution. The appeal shall be filed with the city manager or his or her designee.

2. After a timely appeal has been filed with the city manager or his or her designee, a hearing date, time and place shall be set. The city manager or his or her designee shall sit as the hearing officer. The hearing shall be set for a date within a reasonable time period after the date of receipt of the appeal. Reasonable efforts shall be made to set the hearing date not less than 10 days nor more than 20 days after receipt of the appeal.

3. The person requesting the hearing shall be notified in writing by first class mail of the date, time, and place set for the hearing. The notice shall be sent to the address provided on the appeal by the appellant. Service shall become effective on the date of first class mailing. Failure of the appellant to receive such notice shall not affect the validity of any proceedings taken.

4. The appellant or the city may request one continuance, but in no event may the hearing be continued more than 15 days after the date of the originally scheduled hearing unless the hearing officer finds that circumstances warrant a longer continuance not to exceed 30 days after the date of the originally scheduled hearing.

5. The failure of any person to file an appeal in accordance with the provisions of this section shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

B. Hearing Procedure.

1. Administrative hearings are informal, and formal rules of evidence and discovery do not apply.

2. The city representative and the appellant shall be given an opportunity to testify and present evidence concerning the decision. All individuals may represent themselves or be represented by any person of their choice.

3. The hearing officer may continue the hearing and request additional information from the city representative or the appellant prior to concluding the hearing and issuing a written decision.

4. The failure of the person requesting the hearing to appear at the hearing shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

C. Decision of the Hearing Officer.

1. Grounds for relief shall be limited to whether the appellant has or has not met the criteria set forth in the section of this chapter governing each such action, or has violated a section of this chapter.

2. The hearing officer shall issue a written decision within 10 business days of the conclusion of the hearing stating the reasons for that decision.

3. A copy of the hearing officer's written decision shall be sent by first class mail to the appellant at the address provided on the appeal.

4. The hearing officer's decision shall be final 10 days after notice of the decision is provided to the appellant unless a timely appeal is filed within that period.

D. Appeal to City Council. The decision of the hearing officer may be appealed to the city council pursuant to the procedures provided in Chapter 1.08 PMC.

(Ord. 15-1400 § 1 (Exh. A), 2015)