Laserfiche WebLink
(f) An owner who fails to submit a complete plan to the satisfaction of <br />the director, or fails to implement approved plan measures or fails to comply with <br />the approved plan measures will be subject to enforcement of these <br />requirements through any lawful means available to the city, including without <br />limitation institution of the administrative remedies process pursuant to Chapter 1 <br />of the Code. <br />(g) The director's decision shall be final. <br />Sec. 33-219. Plan modification and annual report. <br />(a) At any time after the director's approval of any abandoned shopping <br />cart plan, the owner may submit to the director a modification of the previously <br />approved plan to address a change in circumstances, address an unanticipated <br />physical or economic impact of the plan, or modify an inadequate or ineffective <br />plan. <br />(b) Each year, on or before the anniversary of the director's approval of <br />the plan, each owner (or multiple businesses that have collaborated on a single <br />approved plan) shall submit an annual report to the director (1) certifying its <br />compliance with the approved plan and each item specified in section 33-216, <br />(2) detailing compliance with each provision of its approved plan over the prior <br />year, and (3) summarizing its monthly cart retrieval statistics for the prior year. <br />The director may, based upon review of the annual report, initiate modification or <br />revocation proceedings. <br />Sec. 33-220. Modification or revocation of plan. <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 <br />following occurrences: <br />(a) The owner is operating, or is permitting operation, of the retail <br />business in violation of one or more provisions of the plan and has failed to <br />correct such violations for a period of at least fifteen (15) calendar days following <br />date of receipt of written notification of such violation(s) from the city. <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 />(c). The owner has failed to comply with any of the provisions of this <br />article. <br />Ordinance No. NS-XXX <br />Page 10 of 14 <br />11A-10 <br />