O-1996-2136-A - Laserfiche WebLink

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authorized to promulgate any rules relating to restrictions on the number of auto wreckers which may operate on the streets of the city at anyone time, to the extent any such rules are directly related to the promotion of public safety. The committee shall cause the city secretary to serve copies of such rules on owners at their registered addresses by certified mail. Such notices shall fully set out any rules promulgated, and the effective dates of such rules. Any permit holders shall have the right, in accordance with the provisions of section 78-224, to appeal to the city council with regard to any rules and restrictions promulgated by the committee felt by such permit holder to be unduly onerous." Section 3. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 2 "Wrecker Committee", Section 78-224 "Appeal from the findings of the committee." to read as follows: "Section 78-224. "Right of Appeal from the rulings or findings of the committee." Subject to restrictions on appeal under Section 78-222 of this Article, on all issues heard by the committee there is a general right of appeal to the City Council. After the wrecker committee has made its findings and declares such findings, the applicant, or any person opposing the application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten days from the receipt of the city secretary's written notice, or from the date ofthe published notice, as applicable. The appeal shall be in the form of a letter addressed to the city secretary stating that an appeal from the decision of the committee is desired. The city secretary shall notify the city council of such appeal, and the council, as soon as practicable, after receiving such notice of appeal, together with the findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the city council shall sustain, modify or reverse the findings made by the committee and shall so notify the city secretary of its findings. The findings of the city council shall be final. If no appeal is made to the city council from the committee's decision within ten days, as indicated in this section, then such decision shall become final." Section 4. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits", Subdivision 1. "In General", Section 78-247 "Permits are personal to owners; transferaL", to read as follows: "Section 78-247. Permits are personal to owners; transferal. A permit issued under this article for a towing vehicle or an auto wrecker shall be a personal permit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. The permits issued pursuant to this article are transferable as between owners only upon the express approval of the committee, and shall be subject to a transfer fee in an amount established by the city and listed in appendix A of this Code, if approved. A denial of the right to transfer a permit may be appealed to the city council, in compliance with the terms of section 78-224. Upon cancellation of any permit no portion of the permit fee shall be refunded to the owner."