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(a) Any person violating the provisions of this Section shall be guilty of an infraction. Every violation determined to be an infraction is punishable by (1) a fine not exceeding $100 for a first violation; (2) a fine not exceeding $200 for a second violation within one year; (3) a fine not exceeding $500 and revocation of the permittee's license issued pursuant to Section 183-2 of this Article for a third violation within one year.
In addition, fines may be imposed by the Department of Public Works for investigation of display stands being maintained without or in violation of a valid permit. The Director of Public Works shall establish a schedule of such fees. Payment of the fees shall be directly to the Department of Public Works.
The person responsible for payment of the fee may appeal the amount of the investigation fee to the Board of Permit Appeals, subject to its filing fees and rules.
(b) The nonpayment of such fee or fine, or the continued existence of a condition in violation of this Section, shall be grounds for the Director of Public Works to deny a permit for display stands to the responsible owner or applicant until such penalty has been paid and the condition corrected.
(Added by Ord. 523-83, App. 11/4/83; amended by Ord. 205-87, App. 6/3/87; Ord. 372-93, App. 11/23/93)
Any decision on an application for a permit pursuant to this Section, may be appealed to the Board of Permit Appeals within 15 days of the issuance of a decision by the Director of Public Works.
(Added by Ord. 523-83, App. 11/4/83; amended by Ord. 372-93, App. 11/23/93)
Any display stands placed in the public sidewalk without a validly issued permit may be seized and removed pursuant to this Section. Before any display stands are seized, the owner or operator of the business establishment fronting on the sidewalk from which the display stands are to be removed shall be given 10 business days in which to apply for a valid permit. If the responsible party does not make a good faith effort to submit a permit application pursuant to Section 183-2 herein within the time prescribed, the display stands may be seized and removed from their sidewalk location by the City.
Seized display stands shall be retained by the City and County and may be recovered by the responsible person for a period of at least 10 business days following seizure. As a condition of recovering any display stands seized pursuant to this Section, the person responsible for such display stands shall pay an impound fee equal to the actual cost to the City of transporting and storing such display stands.
(Added by Ord. 372-93, App. 11/23/93)