(a) The administrator or designee may deny, revoke, suspend, modify, or condition a permit at any time for any business authorized in the urban county 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 section 17-29.2(a)(4).
(3) The permittee has failed to pay any fees required by Lexington and Fayette County Parking Authority for the use of on-street parking locations controlled by the authority.
(4) A legitimate health, safety, or general welfare purpose exists, including, but not limited to, pedestrian or vehicle traffic congestion.
(5) The permittee has failed to erect barriers to the satisfaction of the administrator in order to protect patrons from motor vehicles, if utilizing on-street parking as part of its outdoor cafe.
(6) The permittee has failed to abide by the regulations promulgated by the division of building inspection.
(7) The permittee has failed to correct violations of this article or conditions of their permit upon receipt of the administrator's notice of same delivered in writing to the permittee.
(8) The permittee has failed to take positive actions to prohibit violations from reoccurring.
(9) The permittee has failed to make modifications upon receipt of the administrator's notice of same delivered in writing to the permittee.
(b) Upon denial or revocation, the administrator shall give notice of such action to the applicant or the permittee in writing stating the action which has been taken and the reason thereof. The action shall be effective upon giving such notice to permittees.
(c) Furnishings and other vestiges of said business may be removed by the urban county government, and a reasonable fee charged for labor, transportation, and storage, should the permittee fail to remove said items within thirty-six (36) hours of receipt of the administrator's final notice to do so for any reason provided for under this article. If the action is taken based on subsection (a)(1), (2), (3), (4), (5), or (6) of this section, the action shall become effective upon the receipt of such notice and the permittee shall have four (4) hours to remove said items.
(d) In the event a permittee is noticed for three (3) or more violations based upon subsection (a)(7) of this section within any thirty-day period, the permit shall automatically be revoked, and, in addition to any other enforcement remedy available to the urban county government, the business shall be subject to having any encroaching vestiges of an outdoor cafe removed pursuant to section 17-29.5(c) without any further notice.
(e) The permittee shall have the right to appeal the decision of the administrator to the commissioner of the department of environmental quality and public works within five (5) working days from receipt of notice. An appeal does not stay the denial or revocation of the encroachment permit. The hearing shall be held by the commissioner or their designee within ten (10) working days from the date of notice of 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 commissioner of the department of environmental quality and public works shall notify the permittee or applicant of the determination in writing.
(f) Any person violating any provision of sections 17-29 through 17-29.5 or any condition or provision of a permit issued thereunder shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00), and each day's continuance of any such violation shall be a separate offense.