Upon recommendation from the parking permit coordinator that the designation criteria and circumstances indicate that removal of permit designation from an entire permit parking area is warranted and appropriate, the mayor may begin proceedings to delete a permit parking area or selected streets of a permit parking area by initiating the following procedure:
A. By giving notice to all addresses within the boundary of the permit parking area proposed to be wholly removed from permit parking designation or within the boundary of an existing permit parking area where certain streets (or portions thereof) are proposed to be deleted from permit parking area, that a public hearing is to be held to consider this action. Such notice shall be given as provided for in subsection 10-9-5D of this chapter. Where the total area to be enlarged or removed from the designated permit area exceeds ten percent (10%) of the designated permit area or eight (8) homes, the procedure shall include the petition process described under section 10-9-5 of this chapter.
B. Such notice shall contain:
1. The date, time and place of the public hearing to consider the proposed removal or deletion.
2. A description of the mayor's intention to remove from designation a permit parking area or to delete certain streets (or portions thereof) from an existing permit parking area.
3. A listing of the streets (or portions thereof) proposed for removal from designation or deletion from a permit parking area.
C. The hearing shall be conducted as provided under subsection 10-9-5E of this chapter. The mayor shall take into account the factors justifying the proposed removal of area permit parking designation or the proposed deletion of certain streets (or portions thereof) from an existing permit parking area.
D. Within thirty (30) days of the public hearing the mayor shall approve or deny the proposed removal from permit designation of an entire permit parking area or the proposed deletion of certain streets (or portions thereof) from an existing permit parking area. The mayor's decision shall be reduced to writing either in the form of a report or as part of the administrative order approving the removal, which decision shall be filed with the city recorder and made available to any interested party upon request. The mayor's decision shall include:
1. Significant subjects and concerns raised at the public hearing conducted;
2. The findings relative to those designation criteria and circumstances which indicate whether or not removal from designation or the deletion of certain streets (or portions thereof) from an existing city permit parking area is warranted;
3. Conclusion as to whether the findings, including testimony obtained at the public hearing, justify the removal from designation or the deletion of certain streets (or portions thereof) from an existing city permit area;
4. The mayor's approval (or denial) of the proposed removal or deletion;
5. If approved, an implementation schedule for removal or deletion.
E. If permit parking designation is removed from an entire area, a declaration of removal shall be prepared by repeal of the applicable administrative order designating the parking permit area. If only the deletion of certain streets (or portions thereof) from an existing permit parking area is approved, a declaration of removal shall be prepared as amendment or addendum to the applicable administrative order. A notice of the removal shall be mailed to each listed address in the area being removed.
(Ord. 2004-79, 11-2-2004)