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NS-2725
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Last modified
1/3/2012 1:00:48 PM
Creation date
10/4/2006 3:58:01 PM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2725
Date
10/2/2006
Destruction Year
PERM
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(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 />(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 article. <br />(d) The owner knowingly makes a false statement of fact or omits a fact <br />required to be revealed in an application for the plan, or in any amendment or report or <br />other information required to be made. <br />Sec. 33-221. Notice of intended decision. <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 />(b) The notice of intended decision shall state all the grounds upon which the <br />revocation or modification is based. <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 (10) calendar days of the date of service of the notice of <br />intended decision to revoke or modify the plan. <br />(d) The notice of intended decision shall specify the effective date of the <br />revocation or modification of the plan. <br />Sec. 33-222. Procedure for hearing before the director. <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 service of the notice of intended <br />decision to revoke the plan or deny the renewal application for an exemption. <br />(b) Upon timely receipt of a written request for a hearing, the director shall <br />schedule a hearing which shall be held no later than thirty (30) calendar days after <br />receipt of a timely request for hearing. <br />(c) The director shall serve a notice of hearing on the owner at least ten (10) <br />calendar days prior to the scheduled date of the hearing. <br />(d) At the hearing before the director, or before a hearing officer at the <br />director's option, the owner shall be given the opportunity to present witnesses and <br />relevant documentary evidence. <br />Ordinance No. NS-2725 <br />Page 10 of 13 <br />
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