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Any person or persons who deem their interests or property or that of the general public will be adversely affected by the occupancy of a public sidewalk, court, alley or street with café tables and chairs for which permission has been applied for under the provisions of this Article, may protest the issuance of said café tables and chairs permit by writing to the Director of Public Works within 10 calendar days from the date of posting of the Notice of Intent to Place Café Tables and Chairs as required under Section 176.3 of this Article. Upon receipt of any such written protest, the Director of Public Works will schedule a public hearing to hear all protests or oppositions to the issuance of the café tables and chairs permit.
Upon denial of a permit by the Director of Public Works, an applicant may, within 15 calendar days following notification of such denial, file a notice of appeal to the Board of Permit Appeals, who shall then hear all appeals concerning the application for permit.
(Added by Ord. 236-93, App. 7/16/93)
(a) The placement of tables and chairs on a public sidewalk or other public right-of-way without a permit in compliance with Sections 176 through 176.4 of this Article shall constitute an infraction punishable by a fine of $100. The nonpayment of such fine, or the continued existence of a condition in violation of this Article, shall be grounds for the Director of Public Works to prohibit placement of tables and chairs by the responsible owner or operator of the fronting business establishment until such penalty has been paid or the condition corrected.
(Added by Ord. 236-93, App. 7/16/93)
Any tables and chairs placed in public sidewalk or roadway areas without a validly issued permit may be seized and removed pursuant to this Section. Before any tables and chairs are seized, the owner or operator of the business establishment fronting on the sidewalk from which the tables and chairs are to be removed shall be notified and given 10 business days in which to remedy the violation. If the responsible party does not remedy the violation and apply for and obtain a café tables and chairs permit within the time prescribed, the City may seize and remove the tables and chairs.
Any other provisions of this Article notwithstanding, if any café tables and chairs are placed in public sidewalk or roadway areas in such a place or manner as to pose an immediate and serious danger to persons or property, the City may seize such tables and chairs without prior notice to the person responsible for such tables and chairs if it is impractical to remedy the danger by moving the tables and chairs to another point on the sidewalk or public right-of-way. The responsible party shall be notified promptly of such seizure and shall have the right to request an informal hearing before a designated City official within 10 business days after such notification to determine whether the seizure was proper. Any tables and chairs seized pursuant to this Section shall be retained by the City and may be recovered as provided herein.
Seized café tables and chairs shall be retained by the City and County and may be recovered by the responsible party for a period of at least 10 business days following seizure.
As a condition of recovering any café tables and chairs properly seized pursuant to this Section, the person responsible for such café tables and chairs shall pay an impound fee covering the actual cost to the City of transporting and storing such café tables and chairs.
(Added by Ord. 236-93, App. 7/16/93)