5.30.070 Denial, revocation or suspension of sidewalk dining permit – Removal and storage fees – Emergencies.
A. Under this chapter, the city engineer or his/her designee may deny, revoke, or suspend a permit at any time for any business authorized in the city if it is found that:
1. Any necessary business or health permit has been suspended, revoked or canceled.
2. The permittee does not have insurance in force that is correct and effective in the minimum amount described herein.
3. Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of the sidewalk dining. Such decision shall be based upon findings of the public works department that the minimum 60-inch pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety, or general welfare of pedestrians or vehicular traffic.
4. The permittee has failed to correct violations of this chapter or conditions of his permit upon receipt of the public works department’s notice of violations delivered in writing to the permittee.
5. The permittee has failed to take positive actions to prohibit violations from recurring.
6. The permittee has failed to make modifications upon receipt of the public works department’s notice of modifications delivered in writing to the permittee.
7. The permittee has failed to pay any sewer charges, business license fees, late fees or other fees owed to the city.
B. Dining area furniture and other vestiges of the business may be removed by the city, and a reasonable fee shall be charged for labor, transportation, and storage if the permittee fails to remove the items within 36 hours of receipt of the public works department’s final notice to do so for any reason provided for under this chapter. If the action is taken based on subsection (A)(1), (2) or (3) of this section, the action shall become effective upon the receipt of such notice, and the permittee shall have four hours to remove the items.
C. Upon denial or revocation, the public works department shall give notice of such action to the applicant or the permittee in writing stating the action that has been taken and the reason thereof. The action shall be effective upon giving such notice to the permittee.
D. The permittee shall have the right to appeal the decision of the public works department to the city engineer within five working days from receipt of notice. An appeal does not stay the denial or revocation of the sidewalk dining permit. The hearing shall be held within two working days from the date of notice of the request. The permittee or applicant may present witnesses, affidavits and any relevant documentary evidence. Formal rules of evidence shall not apply. The city engineer or his designee shall notify the permittee or applicant of the determination in writing. Within five working days from receipt of notice of the decision of the city engineer, the permittee may appeal such decision to the city manager. The city manager will review the record and any documents submitted and reviewed by the city engineer, and will review the city engineer’s findings and conclusions as well as any further written arguments submitted by the permittee before making a decision. Any decision of the city manager shall be final. [Code 2006 § 7-14-6. Ord. 2010-18 § 1, 12-14-2010; Res. 2010-33 Exh. A, 12-14-2010].