2011-011 ORD WRECKER, TOWING AND STORAGE FACILITIES

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Sec.35-24. Appeals. (a) A certificate holder may appeal a correction order issued under this ordinance if an appeal is required in writing not more than ten (10) days after notice of the order or action is received. (b) The City Manager or a designated representative of the City Manager or Chief of Police shall act as the hearing officer in an appeal hearing. (c) The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The hearing officer shall make a ruling on the basis of a preponderance of evidence presented at the hearing. (d) The hearing officer may affirm, modify or reverse all or part of the order of the Department. The decision of the hearing officer is final." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section S. That it is the intention of the Ciry Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. Introduced and read on first reading on October 25, 2010, at a regular meeting of the City Council of the City of Paris and a second reading on November 8, 2010, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 8. That this ordinance shall become effective from and after its passage and publication as required by law. -22-