A. Each owner shall submit a proposed abandoned cart prevention plan to the code enforcement manager or designee within ninety (90) days of the effective date of this chapter, and by July 1st of each year thereafter. Proposed businesses shall have an approved abandoned cart prevention plan prior to commencing business. After initial submission and approval of an abandoned cart prevention plan, an owner submitting the same plan to comply with the requirement of submitting a plan by July 1 of each subsequent year, may do so by submitting a letter of intent stating that the owner is submitting the plan currently in operation.
B. The code enforcement manager or designee shall approve or reject the proposed abandoned cart prevention plan within ninety (90) days of the plan's submission. The code enforcement manager or designee may deny a plan based upon any of the following grounds:
1. Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety;
2. The plan fails to include all of the information required by this chapter;
3. The plan is insufficient or inadequate to prevent removal of carts from the premises;
4. The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts;
5. Implementation of the plan violates a term or condition of a plan or other requirement of this chapter;
6. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made.
C. If the plan is rejected as incomplete or inadequate, the code enforcement manager or designee shall indicate areas that are incomplete or inadequate, and the owner shall have an additional thirty (30) days within which to resubmit a complete and adequate plan. The code enforcement manager or designee shall approve or reject the resubmitted plan within thirty (30) days of the date of resubmission of the plan.
D. Once approved, the measures included in the plan shall be implemented no later than thirty (30) days of the plan's approval. If an owner is proposing new measures, the measures from the approved plan in the previous year shall be continued until the new measures are implemented.
E. Any owner that fails to submit a plan, implement the plan measures, or implement any required modifications to the plan within the time frames specified in this chapter shall be required to keep all carts inside the building or enclosed areas of the business.
F. Any owner that fails to keep all carts inside the building or enclosed area of the premises, if applicable, may be subject to administrative penalties imposed pursuant to Chapter 1.28 of this code.
G. The code enforcement manager or designee's decision to deny a plan shall be appealable to the city manager. A written notice of appeal must be submitted to the code enforcement manager within ten (10) days of the denial of the plan and accompanied by a copy of the plan and the appropriate fee as set by resolution of the city council. The city manager shall review the plan under the grounds for denial set forth in subsection B of this section and provide a decision approving or denying the plan within thirty (30) days of receipt of the notice of appeal.
H. After an approved plan is in operation for three months, the plan shall be reevaluated to determine if it is effective. If the plan is ineffective, the owner must submit an amended plan to the code enforcement manager or designee. Any amended plan must be submitted within one month after notice of the plan's ineffectiveness. The code enforcement manager or designee shall approve or reject the amended plan within ninety (90) days of its submission.
I. Even though approved, a plan may be reevaluated at any time by the code enforcement manager if operation of the plan demonstrates the plan's insufficiency or inadequacy in preventing removal of carts from the premises. (Ord. 2002-039 § 1)