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NS-3034
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NS-3034
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Last modified
12/28/2022 3:16:18 PM
Creation date
12/28/2022 2:45:29 PM
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City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3034
Item #
9.
Date
12/20/2022
Destruction Year
P
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(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 />(e) A mobile food truck permit shall be terminated if the mobile food truck permit is <br />not renewed pursuant to Section 41-2303 of this Article. <br />Section 5. The City Council may, by resolution, establish a fee for the <br />administrative mobile food truck permit required by this ordinance. The City Council <br />shall from time to time by resolution adopt a schedule of fees to be charged. <br />Section 6. The City Council finds and determines that this ordinance is not <br />subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the <br />CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review <br />Ordinance No. NS-3034 <br />Page 7 of 9 <br />
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