Removal By Director, Public Nuisance or Emergency. The Director of Public Works is authorized to order the immediate removal of a Mobile Food Facility when, in his or her opinion, the Mobile Food Facility has no permit, constitutes a safety hazard or public nuisance, or when the presence of an emergency requires removal of the Mobile Food Facility. After notification by the Director of the removal order the Mobile Food Facility shall be removed immediately from the street area by its owner. If the owner does not remove the Mobile Food Facility immediately, the Director may order the Department to remove the Mobile Food Facility. The owner shall pay to the City the costs of removal. No Mobile Food Facility shall be placed at that location until the conditions which have caused the removal order shall have been abated to the satisfaction of said Director.
The Director is authorized to remove, or cause to be removed, any Mobile Food Facility placed in a street or sidewalk area in violation of any other provision of this Article. Removal shall take place no earlier than 48 hours after notice is given describing the violation(s). The notice shall be both mailed to the pushcart owner and placed in a conspicuous manner on the Mobile Food Facility, and shall contain the following:
The condition(s) violated,
The date and time of posting,
The location of the Mobile Food Facility,
The identify of the person giving the notice,
A statement giving notice of 48 hours to remedy the violation(s).
Mobile Food Facilities that have been removed may be recovered within ninety (90) days from the date of seizure and upon payment of a sum equal to the cost of removing said Mobile Food Facility including a 20 percent charge for administrative costs as determined by the Department, and any costs incurred by the Department in disposing of any materials contained in the Mobile Food Facility. Costs incurred as a result of removal under this Section are in addition to any fines or penalties incurred under Section 184.96.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)