In the event of any complaint arising from the sidewalk café including, without limitation, a violation of the criteria for issuance of permit or involving a nuisance arising from the operation of the sidewalk café, the Mayor may issue written notice of the problem, providing a reasonable time for corrective action. In the event of any serious problem or failure of the permit holder to undertake requested corrective action, the Mayor may issue notice of a hearing as to suspension or revocation of the sidewalk café permit. The hearing shall be conducted by the Mayor who may consult with the City Engineer or any of the Commissioners. The hearing shall be conducted no earlier than three days after service of notice of hearing. At the hearing, the permit holder shall be allowed the opportunity to address the Mayor, present witnesses on the permit holder's behalf and cross-examine opposing witnesses. The permit holder shall bear the burden of proof that the sidewalk café is not in violation of the criteria for issuance of permit and not a nuisance as defined by this Code. A sidewalk café permit may be suspended for a period of up to 30 days or revoked.
(Ord. 1481, passed 6-6-12)