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A. The city retains the right to revoke or suspend the permit upon twenty-four hours’ written notice to the sidewalk cafe operator for any cause, regardless of conformance with these provisions. Situations that may merit suspension or revocation include, but are not limited to:

1. Emergencies, parades, necessary construction or maintenance, at the discretion of the public works director;

2. Suspension, revocation, or cancellation of any necessary health permit(s);

3. Incorrect or inadequate insurance coverage; or

4. Failure to comply with conditions of permit approval.

B. Within twenty-four hours of receipt of written notice of revocation or suspension, regardless of any appeal of the action, the operation shall cease and the sidewalk cafe operator shall restore the sidewalk to the condition existing prior to the placement of outdoor dining facilities or to some other condition acceptable to the public works director.

C. The city retains the right to immediately revoke, suspend or modify the permit if:

1. Under a state of emergency the sidewalk use may affect the health, safety or welfare of the general public as determined by the public works director, police chief or fire chief;

2. Failure to comply with certain conditions of the permit for sidewalk use is determined to constitute a health, safety or welfare hazard to the general public as determined by the public works director, police chief or fire chief.

D. If pursuant to the above requirements, sidewalks are not restored to order in the time specified by the city, the city may remove any and all facilities installed within the right-of-way. Reimbursement of city costs for said removal shall be the responsibility of the sidewalk permit holder. (Ord. 1716 § 3, 2022; Ord. 1539 § 2 (part), 2010. Formerly 5.50.060)