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NS-2350
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Last modified
1/3/2012 1:02:12 PM
Creation date
6/26/2003 10:08:09 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2350
Date
5/18/1998
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(c) A performance bond in the amount of one thousand <br />dollars ($1,000.00) per dining area shall be posted by the license <br />holder to insure proper site restoration. <br /> <br />Sec. 33-175. License-Denial or revocation. <br /> <br /> (a) The application for an outdoor dining area license shall <br />be denied if it is found by the executive director of the public <br />works agency or his designee that the maintenance of area would <br />tend to obstruct passage along any public street, or to create a <br />hazard, or would otherwise be detrimental to the public safety, <br />welfare or convenience. <br /> <br /> (b) Any license may be revoked or renewal thereof denied by <br />the executive director of the public works agency or his designee <br />for any violation of any of the provisions of this article, for <br />any fraud or misrepresentation in the application, violation of <br />any other Chapter of the Santa Ana Municipal Code, failure to <br />comply with the standards for outdoor dining areas as specified in <br />33-176, criminal activity, adverse impacts on or to adjacent land <br />uses, or for any reason which would have been grounds for denial <br />of the application. <br /> <br /> (c) The application shall be denied if the applicant fails to <br />deposit the license fee and accept the license within thirty (30) <br />days after notice of the approval of the application by the <br />executive director of the public works agency or his designee. <br /> <br /> (d) Any license issued under this article shall be canceled <br />and revoked if the license holder fails to install and use the <br />outdoor dining area within ninety (90) days after the date of <br />issuance of such license. <br /> <br /> (e) If the owner, tenant or person in lawful possession or <br />control of the property abutting the street at the place where the <br />outdoor dining area is to be located gives written notice of <br />objection to such location to the executive director of the public <br />works agency or his designee at any time before issuance of the <br />license that maintenance of the outdoor dining area would tend to <br />obstruct passage along any public street, or to create a hazard, <br />or would otherwise be detrimental to the public safety, welfare or <br />convenience, the executive director of the public works agency or <br />his designee shall consider such notice in making the <br />determination pursuant to subsection (a) of this section. If such <br />written notice is received by the executive director of the public <br />works agency or his designee after the date of issuance of the <br />license, the license shall not be revoked but renewal thereof <br />shall be denied on the next renewal date if the executive director <br />of the public works agency or his designee finds in accordance <br />with subsection (a) of this section. Any such denial or <br />revocation of any license shall be subject to review upon filing <br />of a timely appeal pursuant to the provisions of Chapter 3 of this <br />Code. <br /> <br /> <br />
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