(A) Grounds for denial, suspension, retraction or revocation; removal of property by city. The administrator may deny, retract, revoke or suspend a permit issued under this chapter 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 which is correct and effective in the minimum amount provided in § 122.05(A)(4) hereof.
(3) Changing conditions of pedestrian or vehicular traffic causing congestion or changes of property conditions necessitating termination of the permit. The decision shall be based upon findings of the administrator that the minimum five-foot 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 the permit upon receipt of the administrator's notice of the violation delivered in writing to the permittee.
(5) The permittee has failed to take positive actions to prohibit violations from reoccurring.
(6) The permittee has failed to make modifications upon receipt of the administrator's notice to make such modifications delivered in writing to the permittee.
(B) Removal. Tables, chairs and other vestiges of the business may be removed by the city, and a reasonable fee charged for labor, transportation and storage, should the permittee fail to remove the encroachments or other items within 36 hours of receipt of the administrator's final notice to do so for any reason provided for under this chapter. If the action is taken based on subsection (A)(2) or (3) of this § 122.08, the action shall become effective upon the receipt of the notice and the permittee shall have four hours to remove the items.
(C) Notice of denial or revocation. Upon denial or revocation, the administrator shall give notice of such action to the applicant or the permittee, in writing, stating the action which has been taken and the reason therefor. The action shall be effective upon giving such notice to the permittee.
(D) Appeals. The permittee shall have the right to appeal the decision of the administrator to the City Manager within five working days from receipt of notice. An appeal does not stay the denial, suspension, or revocation of the permit. The hearing shall be held within two working days from the date of notice of the request, if the City Manager is available or as soon thereafter as the City Manager shall be available. The permittee or applicant may be represented by an attorney and may present witnesses, affidavits and any relevant documentary evidence. Formal rules of evidence shall not apply. The City Manager shall notify the permittee or applicant of the determination in writing. The City Manager shall have the discretion to designate or assign the duties of this section to an experienced hearing officer.
(Ord. 13-010, passed 5-14-13)