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<br />An approved plan may be revoked by the director, or modified in lieu of <br />revocation in the exercise of the director's sound discretion, upon any of the following <br />occu rrences: <br /> <br />(a) The owner is operating, or is permitting operation, of the retail business in <br />violation of one or more provisions of the plan and has failed to correct such violations <br />for a period of at least fifteen (15) calendar days following date of receipt of written <br />notification of such violation(s) from the city. <br /> <br />(b) The plan is inadequate to either reasonably prevent the removal of <br />shopping carts from the premises, or reasonably ensure the prompt retrieval of <br />abandoned shopping carts. <br /> <br />(c). Any of the owner's shopping carts is or has been abandoned on public <br />property, in a right of way or on private property for longer than three (3) business days <br />after notification by the city on three (3) occasions in any six-month period. <br /> <br />(d) The owner has failed to comply with any of the provisions of this article. <br /> <br />(e) The owner knowingly makes a false statement of fact or omits a fact <br />required to be revealed in an application for the exemption, or in any amendment or <br />report or other information required to be made. <br /> <br />Sec. 33-221. <br /> <br />Notice of intended decision. <br /> <br />(a) Upon determining the existence of any of the grounds for revocation of a <br />plan in accordance with section 33-220, the director shall issue to the owner a notice of <br />intended decision to revoke or modify the plan. <br /> <br />(b) The notice of intended decision shall state all the grounds upon which the <br />revocation or modification is based. <br /> <br />(c) The notice of intended decision shall advise the owner that the revocation <br />or modification shall become final unless the owner files a written request for hearing <br />before the director within ten calendar days of the date of service of the notice of <br />intended decision to revoke or modify the plan. <br /> <br />(d) The notice of intended decision shall specify the effective date of the <br />revocation or modification of the plan. <br /> <br />Sec. 33-222. <br /> <br />Procedure for hearing before the director. <br /> <br />(a) The written request for a hearing before the director must be received by <br />the director within ten (10) calendar days of the date of the notice of intended decision <br />to revoke the plan or deny the renewal application for an exemption. <br /> <br />Ordinance No. NS-XXX <br />Page 10 of 13 <br /> <br />50A-13 <br /> <br />