(A) The city may deny, retract, revoke or suspend a permit issued under this article 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 cancelled;
(2) The permittee does not have insurance in force which is correct and effective in the minimum amount described in this chapter;
(3) Changing conditions of pedestrian or vehicular traffic causing congestion or changes of property conditions necessitating removal of an encroachment exist;
(4) The permittee has failed to correct violations of this chapter or the permit upon receipt of the city’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 sufficient modifications upon receipt of the city’s notice to make such modifications delivered in writing to the permittee.
(B) Tables, chairs and other vestiges of the business may be removed by the city’s Public Works Department and a reasonable fee charged for labor, transportation and storage, should the permittee fail to remove the items within 36 hours of receipt of the city’s final notice to do so for any reason provided under this chapter. If the action is taken based on division (A) or (B) of this section, the action shall become effective upon receipt of such notice and the permittee shall have four hours to remove the items.
(C) Notice of denial or revocation. Upon denial or revocation, the city shall give notice of such action to the applicant or the permittee, in writing, stating the action which has been taken and the reason therefore. 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 city to the City Council within five working days from the receipt of notice. An appeal does not stay the denial, suspension, or revocation of the permit. The hearing shall be held as soon as possible, but may not be longer than 30 working days from the date of notice of the request. 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 Council shall notify the permittee or applicant of the determination in writing. The City Council shall have the discretion to designate the duties of this section to an experienced hearing officer.
(Ord. 2010-01, passed 3-8-10)