Any streetscape amenity placed in a public sidewalk, court, alley, street, or other public right-of- way without a permit issued under this section may be seized and removed. Before the seizure and removal, the property owner or operator of the business establishment fronting on the public right-of-way shall be notified and given two (2) days in which to remedy the violation. If the property owner or operator of the business establishment fails to remedy the violation, the City may seize and remove the associated amenity.
Notwithstanding any other provisions of this chapter, the City may seize any amenity items and associated equipment, whether placed with or without a permit, without prior notice if such items and associated equipment are placed in the public right-of- way in such a place or manner as to pose an immediate and serious danger to persons or property or if the condition of the items and associated equipment renders them unsafe, unsound, or hazardous so as to pose an immediate and serious danger to persons or property. After seizure, the City shall promptly notify the owner or operator of the business establishment and such individual shall have the right to request an informal hearing before the Director within ten (10) days after notification to determine whether the seizure was proper.
As a condition of recovering any items and other associated equipment properly seized under this section, the owner of the items and other associated equipment shall pay an impound fee covering the actual cost to the City of transporting and storing the items and other associated equipment.
(Ord. No. 884-10. Passed 8-18-10, eff. 8-20-10)