No more than one estate sale per calendar year, lasting no more than two consecutive days between the hours of 8:00 a.m. and 4:00 p.m., may be conducted on a given property. This limitation may be waived in the event of a bona fide circumstance; for example, the liquidation of the personal property of two different, sequential, legal residents of a given property within a calendar year.
(A) An estate sale may not exceed 600 square feet of sales area outside the residence.
(B) No estate sale items may be placed in the street right-of-way.
(C) Signs advertising the estate sale are prohibited.
(D) The sale of new or used goods purchased or consigned specifically for the estate sale is prohibited.
(E) Estate sales shall be supervised and are the responsibility of the individual conducting the sale or his or her designee.
(F) The conduct of general retail sales or commercial activities in residential areas is, except as is otherwise expressly authorized under this chapter, prohibited. Estate sales are permitted only insofar as they are conducted consistent with the limitations set forth herein.
(G) Estate sales shall be conducted in compliance with all laws, ordinances, rules, and regulations not in conflict herewith.
(H) Application for an estate sale permit shall be made on forms provided by the city and filed with the city’s Police Department, accompanied with the fees and deposits referenced in division (I) below. The permit application shall, at a minimum, indicate the applicant’s interest in the residential property (ownership, current lessee, or such other control as the person may have) and shall include an affirmative statement that the property to be sold has been used and/or housed on the premises and was neither acquired nor consigned for the purposes of re-sale. The permit shall set forth and restrict the time and location of the estate sale. The permit shall be issued by the Mayor or his or her designee. No permit shall be issued which fails to comply with the conditions and restrictions contained herein. The permit must be obtained not less than ten days prior to the date of the proposed sale and shall be valid for the date(s) specified therein only. The permit shall be kept on the sale premises and displayed upon request to the city’s police or any elected or appointed city official.
(I) A deposit/fee of $2,000 is required before a permit may be issued, $1,500 of which shall be refunded to the permit holder for a one-day sale if there is no damage to the streets and rights-of-way bordering thereon by those attending the sale; or $1,000 of which shall be refunded to the permit holder for a two-day sale if there is no damage to the streets and rights-of-way bordering thereon by those attending the sale. Any damage occurring during the day(s) of sale shall be presumed to have been caused by those attending the sale. Any necessary repairs shall be deducted from the refundable portion of the deposit/fee and the balance refunded to the permit holder. Five hundred dollars (one-day sale) or $1,000 (two-day sale) of the deposit/fee shall be non-refundable and shall be used by the city to provide police surveillance, security, and patrolling during the sale, including the handling of traffic. Deposit settlement with the permit holder shall occur not more than ten days after the ending of the sale.
(2008 Code, § 5.20.024) Penalty, see § 114.99