Item 09 - ZONING ORDINANCE AMENDMENT NO. 2022-05

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Ordinance No. NS-XXXX Page 7 of 10 Sec. 41-2308. – Enforcement, Modification, Revocation and Termination of Mobile Food Truck 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 a mobile food truck without a mobile food truck permit, or to fail to comply with each and every condition of that mobile food truck 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 mobile food truck permit, 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 the mobile food truck 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 the mobile food truck permit: (1) The mobile food truck permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application; (2) One (1) or more of the requirements of the mobile food truck permit have not been substantially fulfilled or have been violated; (3) The mobile food truck and its operations authorized in compliance with the mobile food truck permit are in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or (4) The mobile food truck and its operations authorized in compliance with the mobile food truck permit have become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance. (d) No such revocation shall become effective until the mobile food permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed.