§ 24-257. Revocation and suspension of permit.

(a)

Generally. Operation of a pedestrian enhancement is a licensed privilege granted by the City to occupy a portion of the public right-of-way and is predicated on the pedestrian enhancement being operated and maintained in compliance with all applicable rules, regulations, and standards including, but not limited to, the requirements of this division. An approved pedestrian enhancement permit may be revoked or suspended in accordance with this section.

(b)

Revocation of approved permit.

(1)

The Director shall have the authority to revoke, which revocation shall not be appealable, an approved pedestrian enhancement permit if the Director determines that any of the following have occurred:

a.

The applicant misrepresented or provided false information in the permit application.

b.

The pedestrian enhancement permit has been suspended more than two times in a 12-month period on grounds of noncompliance pursuant to subsection (c)(1)(a) of this section.

c.

The pedestrian enhancement creates a public nuisance or a hazard to the public health, safety or welfare.

d.

The Director finds in writing that there is a superseding public need relative to the portion of the public right-of-way occupied by or otherwise affected by the pedestrian enhancement.

(2)

Before revocation of a pedestrian enhancement permit, the Director shall provide written notice to the permit holder setting forth the effective date of the revocation and the grounds therefor.

(c)

Suspension of approved permit.

(1)

The Director shall have the authority to suspend, which suspension shall not be appealable, an approved pedestrian enhancement permit for a period of up to 30 days, or such longer period as may be necessary in the case of work in the right-of-way, if the Director finds in writing, with explanation therefor, that any of the following have occurred:

a.

The pedestrian enhancement or operation thereof is not in compliance with the approved permit, applicable standards or any other applicable laws, rules and regulations pertaining to pedestrian enhancements including, but not limited to, the requirements set forth in this division.

b.

The Director finds in writing that there is a superseding public need relative to the portion of the public right-of-way occupied by or otherwise affected by the pedestrian enhancement.

(2)

Before suspension of a pedestrian enhancement permit, the Director shall provide written notice to the permit holder setting forth the effective date of the suspension, the length of the suspension and the grounds therefor.

(3)

The Director may reinstate a pedestrian enhancement permit prior to the end of the suspension period if the Director is satisfied that the grounds of the suspension have been remedied.

(Ord. No. 2016-026, § 1, 2-22-2016)

(Ord. No. 2016-026, § 1, 2-22-2016)