Item 29 - ZOA No. 2022-04 (Outdoor Dining) & ZOA No. 2022-05 (Mobile Food Trucks)

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Ordinance No. NS-XXXX Page 9 of 12 (1) Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter; (2) Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter; (3) Bicycle parking shall be provided and maintained in accordance with Section 41-1307.1 of this Chapter. (4) Building(s) on the site shall be repainted as needed; and (5) A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated as determined by the Public Works and Planning and Building agencies. Sec. 41-2208. – Enforcement, Modification, Revocation and Termination of Outdoor Dining Area Permit. (a) It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, to operate an outdoor dining area without an outdoor dining area permit, or to fail to comply with each and every condition of that outdoor dining area permit. (b) Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the outdoor dining area permit, revocation of certificate of occupancy for the eating establishment, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney’s fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by an outdoor dining permittee and persons related or associated with the business. (c) When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify an outdoor dining area permit: (1) Circumstances under which the outdoor dining permit was granted have been changed by the operator to a degree that the public convenience, health, interest, safety or welfare require revocation or modification;