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Agenda Packet_2022-12-20
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Agenda Packet_2022-12-20
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12/20/2022
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Sec. 41-2308. — Enforcement, Modification, Revocation and Termination of Mobile <br />Food Truck Permit. <br />(a) It is unlawful for any property owner, business owner, operator, tenant, or other <br />person in control of property within the city for which the provisions set forth in <br />this Article apply, to operate a mobile food truck without a mobile food truck <br />permit, or to fail to comply with each and every condition of that mobile food truck <br />permit. <br />(b) Each and every violation of this Article shall constitute a separate violation and <br />shall be subject to all remedies and enforcement measures authorized by the <br />SAMC. Additionally, as a nuisance per se, any violation of this Article shall be <br />subject to injunctive relief, revocation of the mobile food truck permit, <br />disgorgement and payment to the City of any and all monies unlawfully obtained, <br />costs of abatement, costs of investigation, attorney's fees, and any other relief or <br />remedy available at law or equity. The City may also pursue any and all remedies <br />and actions available and applicable under local and state laws for any violations <br />committed by the mobile food truck permittee and persons related or associated <br />with the business. <br />(c) When an authorized City of Santa Ana representative finds that any of the <br />provisions of this Article have been violated or that any of the following findings of <br />fact can be made, the Executive Director of the Planning and Building Agency, or <br />its designee, may revoke, suspend, or modify the mobile food truck permit: <br />(1) The mobile food truck permit was issued, in whole or in part, on the basis <br />of a misrepresentation or omission of a material statement in the <br />application; <br />(2) One (1) or more of the requirements of the mobile food truck permit have <br />not been substantially fulfilled or have been violated; <br />(3) The mobile food truck and its operations authorized in compliance with the <br />mobile food truck permit are in violation of any code, law, ordinance, <br />regulation or statute of the city, state or federal government; or <br />(4) The mobile food truck and its operations authorized in compliance with the <br />mobile food truck permit have become detrimental to the public <br />convenience, health, interest, safety or welfare, or the manner of operation <br />constitutes or is creating a nuisance. <br />(d) No such revocation shall become effective until the mobile food permit holder has <br />been notified in writing by certified mail of the right to appeal the revocation <br />decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is <br />filed, the revocation shall be effective only upon decision of a hearing officer as <br />provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become <br />effective after the time for appeal has passed. <br />City Council 9-7 12/20/2022 <br />Ordinance No. NS-XXXX <br />Page 7 of 10 <br />
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