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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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<br />(e) The hearing will be conducted informally and the technical rules of <br />evidence shall not apply. Any and all evidence which the director or hearing officer <br />deems reliable, relevant and not unduly repetitious may be considered. <br /> <br />Sec. 33-223. Decision of the director. <br /> <br />(a) The director or hearing officer shall serve on the owner a written decision <br />sustaining, reversing or modifying the director's intended decision. <br /> <br />(b) The decision by the director or hearing officer after hearing shall become <br />final unless the owner files an appeal within the time period specified in section 33-224. <br /> <br />Sec. 33-224. Chapter 3 Appeal. <br /> <br />(a) If an owner is dissatisfied with the written decision of the director, the <br />owner may file a written appeal to the city. <br /> <br />(b) The appeal must be in writing on a form provided by the city and must be <br />received by clerk of the council within ten (10) calendar days of notification of the <br />director's decision. <br /> <br />(c) The appeal, including its hearing, shall be conducted in accordance with <br />Chapter 3 of this Code. <br /> <br />Sec. 33-225. Enforcement. <br /> <br />Every owner shall comply with the provisions of this article and every provision <br />of the owner's approved shopping cart control plan. <br /> <br />Any owner who violates any provision of this article or any provision of the <br />owner's approved shopping cart control plan shall be subject to enforcement procedures <br />for each violation through any lawful means available to the city, including without <br />limitation institution of administrative remedies in accordance with Chapter 1 of this <br />Code. <br /> <br />Sec. 33-226. Retrieval notification. <br /> <br />The city may notify the owner of an abandoned shopping cart as identified on the <br />signage information permanently affixed to the shopping cart. The city notification shall <br />be documented and provided either by telephone or by written notice. The notification <br />shall require that the identified shopping cart(s) be retrieved pursuant to the conditions <br />for retrieval as set forth in the owner's abandoned shopping cart retrieval plan. <br /> <br />Section 3. Any new use or substantial expansion to a current use, of a use <br />that employs more than five (5) shopping carts shall, to the ex1ent feasible, be required <br />to install an electronic wheel locking system as a condition of issuance of city <br /> <br />Ordinance No. NS-2725 <br />Page 11 of 13 <br />
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