§ 6-476. Appeal from denial of permit to the rotation list or from suspension or revocation from the rotation list.

(a)

Administrative appeals. Any tow operator or company filing a complete application and being denied a permit to tow on the rotation list under the provisions of the general order, or any operator or company believing it is aggrieved by suspension (of permit), temporary or indefinite, or by revocation (of permit) from the rotation list to tow under the general order, or because its wrecker is not permitted, shall be entitled to assert all administrative appeal relief provided for by the general order.

(b)

Notice of appeal to council and mayor. If after asserting all available administrative appeal relief, the appealing party deeming it is aggrieved may appeal to the city council and mayor. To appeal to the city council and mayor, a notice of appeal stating the action appealed from, and the reason it believes it is aggrieved, shall be filed by the aggrieved operator or company with the clerk of the city council within fifteen (15) days after the date of the final notice or order from the final administrative authority provided in the general order.

(c)

Record of administrative appeal. A copy of the notice of appeal shall be furnished by the council clerk to the chief of police. If a record of proceedings is available, it shall be copied for the city council deliberations. If not available, it shall be noted in writing by the chief of police or his designee. The council president in consultation with the city attorney shall determine whether the record of the administrative appeals and findings are sufficient for appeal on the record, and if not, then the hearing shall be de novo. Operator shall be given notice in writing five (5) days or more prior to council consideration of the time of the appeal and whether the same shall be limited to the record or de novo.

(d)

Costs of the record on appeal to council. If the appealing operator is unsuccessful in its appeal to the mayor and city council, it shall be assessed the costs to the City of Gulfport of copying the record for the city council.

(Ord No. 2276, § 2, 4-17-01)