(a) Failure to Obtain Required Permit. Any structures, tables, chairs and other associated equipment placed in a public sidewalk, street or other public right-of-way without a permit issued pursuant to this section may be seized and removed. Prior to such seizure and removal, the property owner or operator of the business establishment fronting on the public right-of-way from which the structure, tables, chairs and other associated equipment are to be removed 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 structures, tables, chairs and other associated equipment.
(b) Immediate and Serious Danger to Person or Property. Notwithstanding any other provisions of this chapter, the City may seize any structures, tables, chairs and other associated equipment, whether placed with or without a permit, without prior notice if the structures, tables, chairs and other 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 structures, tables, chairs, 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 such notification to determine whether the seizure was proper.
(c) Emergency Situations. Notwithstanding any other provision of this chapter, the City may seize and remove any structures, tables, chairs and other associated equipment, whether placed with or without a permit, without prior notice in the case of an emergency. The City shall promptly notify the owner or operator of the business establishment or CDC, as appropriate, of such removal.
(d) Temporary Removal for Utility Work. If a public or private entity needs to make repairs to any utilities located in, over, or across, or through the permitted location for a parklet, the permittee shall remove, or cause to be removed, any structures, tables, chairs and other associated equipment within the later of thirty (30) days or the time frame stated in the written notification to the permittee by such public or private entity. If the permittee fails to remove any structures, tables, chairs, and other associate equipment, the City may remove and seize, or cause to be removed and seized, the structures, tables, chairs, and other associated equipment. Upon completion of any such utility repairs, the permittee may reinstall such items.
(e) Restoration; Failure to Restore. Upon the termination or revocation of a permit, the permittee shall immediately remove any structures, tables, chairs and other associated equipment in the public right-of-way and shall restore the public right-of-way to a similar or like condition which existed at the time permittee began to use the location designated in the permit or to the standards and specifications required by the Director. Notwithstanding the above, such removal and restoration shall not be required when the permittee sells or leases its business establishment to a third party who files, within sixty (60) days of obtaining or leasing such business, an amended or new application, as appropriate, pursuant to division (e) of Section 513.04 of these Codified Ordinance.
(f) As a condition of recovering any structures, tables, chairs and other associated equipment properly seized pursuant to this section, except for division (c), the owner of such structure, tables, chairs and other associated equipment shall pay an impound fee covering the actual cost to the City of transporting and storing such structure, tables, chairs and other associated equipment.
(Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)