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<br /> <br /> <br /> <br /> <br /> <br /> ARTICLE VII. ENFORCEMENT <br /> <br /> Sec. 35-22. Authority to Inspect. <br /> <br /> The Department may inspect any vehicle tow service or vehicle storage <br /> facility to determine whether the certificate holder is in compliance with this <br /> ordinance, regulations established under this ordinance and other applicable <br /> ordinances or laws. <br /> <br /> A certificate holder or employee of a certificate holder shall not attempt to <br /> interfere or refuse to cooperate with the Department in the conduct of any <br /> investigation or discharge of any duty pursuant to this ordinance. <br /> <br /> <br /> Sec. 35-23. Correction Order. <br /> <br /> (a) If the Department determines that a certificate holder is in violation of this <br /> Chapter, terms of its certificate of registration, a regulation established by the <br /> Department, or other law, the Department may notify the certificate holder in <br /> writing of the violation and by written order, direct the certificate holder to <br /> correct the violation within a reasonable period of time. In setting the time for <br /> correction, the Department shall consider the degree of danger to the public <br /> health or safety and the nature of the violation. If the violation involves <br /> <br /> equipment that is unsafe or functioning improperly, the Department shall order <br /> the certificate holder to immediately cease use of the equipment. <br /> <br /> (b) If the Department determines that a violation constitutes an imminent and <br /> serious threat to the public health or safety, the Department shall order the <br /> certificate holder to correct the violation immediately. If the certificate holder <br /> fails to comply, the Department shall promptly take action as the Department <br /> considers necessary to enforce the order. <br /> <br /> (c) The Department shall include in a notice, issued under this section, an <br /> identification of the violation, the date of issuance of the notice, and the time <br /> period within which the violation must be corrected. The notice shall further <br /> include a warning that failure to comply with the order may result in suspension <br /> or revocation of a certificate of registration or imposition of a fine or both and a <br /> statement indicating that the order may be appealed to the City Manager. <br /> <br /> (d) In the event that the Department shall send a notice or require, in writing, <br /> an explanation from a certificate holder in an administrative capacity, the <br /> certificate holder shall respond in a reasonable period of time not to exceed five <br /> (5) days excluding holidays. Failure to respond within a reasonable period of <br /> time may result in the enforcement of an administrative form of discipline which <br /> may include the suspension or revocation of any certificate of registration issued <br /> pursuant to this article. <br /> <br /> <br /> -21- <br /> 68 <br />