O-2012-3413 amend Ch78 regulation/permitting of emergency tow truck operators

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of an emergency auto wrecker(s), and shall state specifically the grounds for the request, including a showing why compliance with this article is not reasonably possible. The committee may impose additional requirements in any variance granted to a wrecker operator, but in no case shall it be empowered to grant a variance for use of a storage facility that is not located within the city limits, or that is contrary to federal and state laws, or city regulations established outside of this article. A person may appeal the grant or denial of a variance by the committee to the La Porte City Council, but only as part of an appeal of the committee's final ruling on the underlying application for an emergency auto wrecker permit(s), in accordance with the general appeal procedures in Section 78-224 of this chapter." Section 3. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 2 "Wrecker Committee", Section 78-223 "Revocation or suspension of auto wrecker or towing vehicle permits", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending said Section 78-223, which shall hereinafter read as follows, to wit: "Sec. 78-223. — Revocation or suspension of auto wrecker or towing permits. (a) Upon a complaint being filed by any person with the city secretary, or upon motion of any member of the committee, alleging either 1) a violation of any of the terms or provisions of this article, 2) the violation of any of the laws of the state, federal government or city, or 3) substandard or non-performance by a permit holder under the requirements of Division 4 "Regulations" of this chapter, the committee may, after ten days' written notice to the permit holder stating the grounds of such complaint, conduct a hearing to hear evidence with reference to such complaint or motion. Should such hearing reveal a violation of any of the terms of this article or the laws of this state or federal government or other ordinances of the city, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of a towing vehicle or an auto wrecker shall have the right to appeal to the city council within ten days from the receipt of the written decision of the committee, but only in the event of a revocation of the permit of the owner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the city secretary, stating that an appeal is desired from the revocation of the committee. The city secretary shall notify the city council of such appeal, and the council, as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the city council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten days, as set out in this subsection, the decision of the committee shall be final." Section 4. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 2 "Wrecker Committee", Section 78-224 "Right of appeal from the rulings or findings of the committee", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by amending said Section 78-224, which shall hereinafter read as follows, to wit: "Sec.78-224. Right of appeal from the rulings or findings of the committee.