§ 78-499. Suspension, revocation and removal.

(a)

The mayor shall have the authority to order the removal of any parklet, parklet base, parklet fixture, parklet screen, and other objects on public property which are used in connection with any parklet which does not have a valid parklet permit, after 48 hours' notice directing such removal. Such notice may be given by hand delivery to such person responsible for the unpermitted parklet or by posting such notice on the offending parklet or parklet fixture.

(b)

Any parklet permit may be revoked and any parklet may be removed, relocated or adjusted at any time, as determined to be necessary by city, in order to perform work in, on, above or under the right-of-way in the area of the parklet or for any municipal purpose. When feasible, the city will give the applicant 30 calendar days' notice to remove the parklet at the applicant's expense.

(c)

A parklet permit may be revoked or suspended by a special magistrate if it is determined that:

(1)

Any required certificate of use or health permit has been suspended, revoked or cancelled;

(2)

The permittee does not have the required insurance;

(3)

The permittee has been found in violation of the parklet standards on three separate occasions;

(4)

It is necessary to prevent a nuisance from developing or continuing;

(5)

It is necessary to protect the public safety;

(6)

The permittee fails to comply with the insurance and bond requirements of this article;

(7)

The permittee fails to obtain all necessary permits, including building permits or right-of-way permits;

(8)

In order to comply with applicable law.

(d)

The parklet permittee shall remove the parklet, including the parklet base, parklet fixtures and parklet screen, at permittee's costs, within ten days of expiration of the parklet permit or within the time provided by notice of removal from the city. Upon complete removal of the parklet to the city's satisfaction, and completion of any necessary repairs to public property, the city will return the parklet bond or deposit, or issue consent to the bond cancellation.

(e)

In the event the parklet is not timely removed, the city may remove the parklet and parklet base, parklet fixtures and parklet screen. In the event of an emergency where notice cannot be given, the city may remove a portion or all of a parklet. In the event that the city must remove the parklet and/or parklet base or parklet fixtures, the city may use the parklet bond funds for the removal, disposal and repair of public property and the permittee shall reimburse the city for any costs of removal, disposal or repair that exceed the bond amount.

(Ord. No. 4667-16, § 3(Att. A), 1-30-2017)

Figure XVIII-1: Parklet Components

Figure XVIII-2: Parklet Plan