(a) Enforcement proceedings for the provisions of this chapter shall be initiated by the issuance of a notice of violation or a citation by any designated Codes Enforcement Officer as set out in section 1-12 of the city’s Code of Ordinances. Any person or business entity violating any of the provisions of this chapter, shall be subject to civil fines as set out in section 1-12 (General Code Enforcement) of the City of Danville Code of Ordinances.
(b) (1) The Codes Enforcement Department may suspend or revoke any permit issued under this section, or require a mobile food unit vendor to relocate its mobile food unit, for any of the following reasons:
a. To allow for construction, maintenance, or repair of any street, curb, gutter, sidewalk, storm drain inlet, or any other similar facility.
b. Failure to comply with all terms of this chapter, or other applicable local, state, and federal regulations.
c. Revocation of any required permit to conduct the mobile food service operations, including revocation by the Boyle County Health Department or other issuing entity.
d. Excessive noise.
e. Improper disposal of solid waste, grease, oil, or other materials from the mobile food unit.
f. When the desired location of the mobile food unit is closed, or during special events.
g. In the event this chapter is amended or repealed as to render the vendor’s activities inconsistent with the law.
h. To maintain the comfort, health, safety, and welfare of the public.
(2) If the Codes Enforcement Department exercises the right to suspend or revoke a permit issued under this chapter, written notice shall be provided to the vendor at the address on file for the permit. Delay or failure to issue a suspension or revocation of any permit shall not constitute a waiver of this section. No reimbursement for any portion of the permit fee shall be made in the event a permit is suspended or revoked, or if a mobile food unit is required to relocate temporarily or permanently.
(c) Any person aggrieved by a decision of the Codes Enforcement Department regarding denial, suspension, or revocation of a permit under this chapter shall have the right to appeal any such decision to the Board of Commissioners by filing a written notice of appeal with the City Clerk within five (5) days after the written decision is rendered. The appeal shall be heard no later than twenty (20) days after the notice of appeal is filed. The appeal shall be based on the record, except when the Board of Commissioners, in its sole discretion, requests additional evidence from the interested parties or other witnesses. No appeals will be considered if an appeal is not filed in a timely manner.
(Ord. No. 2005, § 1, 12-19-22; Ord. No. 2010, § 1, 4-24-23)