(a) Whenever a permitted temporary use of a public right-of-way is a public nuisance or a real obstruction or menace to the public use of said right-of-way or whenever said use would interfere with a proposed public use or purpose of said right-of-way, Council may set and conduct a public hearing to determine whether or not a temporary use permit should be terminated and whether or not the temporarily permitted canopy, awning, marquee, or sign that overhangs or projects over or into a public right-of-way should be terminated or abated.
(b) Notice of the public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the Village at least thirty days before the date of the hearing. The published notice shall set forth the time and place of the public hearing and a summary of what the hearing is about. The same written notice shall be sent to all temporary use permit holders to be affected by the result of the hearing by both first class mail, return receipt requested, at least twenty days before the date of hearing, and by regular mail, at least twenty days before the date of hearing. The Village Clerk or Zoning Inspector shall handle and keep a record of the publication and mailing(s). Failure of delivery on either or both mailings shall not invalidate any action of the Village Council following or at said hearing.
(c) If Council terminates a temporary use permit and orders the abatement of a canopy, awning, marquee, or sign that overhangs or projects over or into a public right-of-way, the Zoning Inspector shall cause such order to be carried out at the Village’s cost no earlier than forty days from the date of said order. (Ord. 2001-04. Passed 3-15-01.)