§ 4-15.401. Removal of Tables and Chairs.

(a)

Any tables and chairs placed in or upon the public sidewalk or right-of-way without a validly issued outdoor dining encroachment permit may be seized and removed pursuant to this section. Locations without permits must obtain a permit immediately or remove tables until compliance occurs.

(b)

The owner or operator of the business establishment shall be given ten (10) business days in which to remedy the violation. If the responsible party does not apply for and obtain an outdoor dining encroachment permit within the time prescribed, the City may seize and remove the tables and chairs.

(c)

Any other provisions of this chapter notwithstanding, if tables and chairs are placed in the public right-of-way and pose an immediate and serious danger to persons or property, the City may seize such tables and chairs without prior notice to the responsible party if it is impractical to remedy the danger by moving the tables and chairs to another point on the sidewalk or public right-of-way. The responsible party shall be notified promptly of such seizure.

(d)

All tables and chairs seized pursuant to this section shall be retained by the City and may be recovered as provided herein.

(e)

The person responsible for such tables and chairs shall pay an impound fee covering the actual costs of transporting and storing the outdoor dining tables and chairs before the seized property is returned.

(f)

If the responsible party contends the seizure was not authorized by this chapter, then an appeal hearing pursuant to Modesto Municipal Code Section 1-6.501 et seq. will be held. The decision of the hearing officer shall be final.

(Ord. 3407-C.S., § 1, effective 5-25-06)