§ 176.9.

REMOVAL OF TABLES AND CHAIRS

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.

History

(Added by Ord. 236-93, App. 7/16/93)

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