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NS-2383
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Last modified
1/3/2012 1:02:05 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2383
Date
4/5/1999
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accept the license within thirty (30) 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 and revoked if the license <br />holder fails to install and use the 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 control of the property abutting <br />the street at the place where the outdoor dining area is to be located gives written notice of <br />objection to such location to the executive director of the public works agency or his designee at <br />any time before issuance of the license that maintenance of the outdoor dining area would tend to <br />obstruct passage along any public street, or to create a hazard, or would otherwise be detrimental <br />to the public safety, welfare or convenience, the executive director of the public works agency or <br />his designee shall consider such notice in making the determination pursuant to subsection (a), <br />above. If such written notice is received by the executive director of the public works agency or <br />his designee after the date of issuance of the license, the license shall not be revoked but renewal <br />thereof shall be denied on the next renewal date if the executive director of the public works <br />agency or his designee finds in accordance with subsection (a), above. Any such denial or <br />revocation of any license shall be subject to review upon filing of a timely appeal pursuant to the <br />provisions of Chapter 3 of this Code. <br /> <br /> (f) Any license issued under this article may be revoked for failure to pay the business <br />license tax as required by this Code. <br /> <br /> (g) Notwithstanding the above, the executive director of the public works agency or his <br />designee retains the right to revoke the license, at will, upon 30 days written notice to the license <br />holder. <br /> <br /> SECTION 4: Except as hereinabove amended, the provisions of Article VI of the Santa <br />Ana Municipal Code shall remain in full force and effect. <br /> <br /> SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the validity of the remaining portions of this <br />ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted <br />this ordinance and each section, subsection, sentence, clause, phrase or portion thereof <br />irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or <br />portions be declared invalid or unconstitutional. <br /> <br /> SECTION 6: Neither the adoption of this ordinance nor the repeal hereby of any <br />ordinance shall in any manner affect the prosecution for violation of ordinances, which violations <br />were committed prior to the effective date hereof, nor be construed as affecting any of the <br />provisions of such ordinance relating to the collection of any such license or penalty or the penal <br />provision applicable to any violation thereof, nor to affect the validity of any bond or cash <br />deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all <br />rights and obligations thereunder appertaining shall continue in full force and effect. <br /> <br /> <br />
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