(A) The Administrator or its designee may deny, revoke or suspend an outdoor café permit at any time if it is found that:
(1) Any necessary business or health license or permit has been suspended, revoked or canceled;
(2) The permittee does not maintain insurance in force, as required by § 122.03(A)(4);
(3) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of the encroachment (the decision shall be based upon findings by the Administrator that the pedestrian or emergency vehicle 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 or her permit upon receipt of the Administrator’s notice of same delivered in writing to the permittee or his or her designee;
(5) The permittee has failed to take remedial actions to prohibit violations from reoccurring;
(6) The permittee has failed to make modifications upon receipt of the Administrator’s notice of requirement of such; and
(7) All encroachments may be removed by the Department of Public Works and/or Administrator and a reasonable fee charged for labor, transportation and storage should the permittee fail to remove the items within 36 hours after receipt of the Administrator’s notice to do so. If the Administrator’s action is predicated on violation of divisions (A)(2) and (3) above, the period for voluntary removal by the permittee shall be four hours.
(B) Upon denial or revocation, the Administrator shall give notice of the action to the applicant or the permittee in writing stating the action that has been taken and the reason therefor. The action shall be effective upon giving the notice to the applicant or permittee.
(C) The applicant or permittee shall have the right to appeal the decision of the Administrator to the City of Bardstown within five working days from receipt of notice. An appeal does not stay the denial or revocation of the encroachment permit. A hearing shall be held by the city or its designee within 30 days. The city shall thereafter notify the permittee or applicant of its determination in writing.
(Ord. B2007-12, passed 6-5-07)