(a) Any tables, chairs and other equipment placed in a public sidewalk, alley or other public right-of-way without a permit issued pursuant to this Section may be seized and removed. Prior to such seizure and removal, the property owner or operator of the business establishment fronting on the public right-of-way from which the tables, chairs and other equipment are to be removed shall be notified and given two (2) days in which to remedy the violation. If the property owner or operator of the business establishment fails to remedy the violation, the City may seize and remove the tables and chairs and other equipment.
(b) Notwithstanding any other provisions of this chapter, the City may seize any tables and chairs and other equipment, whether placed with or without a permit, without prior notice if the tables and chairs and other equipment are placed in the public right-of-way in such a place or manner as to pose an immediate and serious danger to persons or property or if the condition of the tables, chairs and other equipment renders them unsafe, unsound or hazardous so as to pose an immediate and serious danger to persons or property. After seizure, the City shall promptly notify the owner or operator of the business establishment and such individual shall have the right to request an informal hearing before the Director within ten (10) days after such notification to determine whether the seizure was proper.
(c) As a condition of recovering any tables and chairs and other equipment properly seized pursuant to this Section, the owner of such tables and chairs and other equipment shall pay an impound fee covering the actual cost to the City of transporting and storing such tables and chairs and other equipment.
(Ord. 8-21. Passed 4-13-21.)