2018-62 Ordinance Amending City Code Chapter 41, Miscellaneous Street Regulations, Section 5. Buildings; Signs & Section 12. Permits for Use of Sidewalks and Public Places

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Chief or Fire Chief may upon written notice reasonably calculated to advise the permittee of such temporary suspension or termination and provide the permittee a reasonable amount of time under the circumstances, to remove its furniture, sign and other impediments from the right of way, and assume full possession and control of the permit area. The permittee shall remove all furniture, signs and impediments from the right-of-way within the time specified by the notice. If not removed by the permittee, the City shall be authorized to remove all furniture, signs and other objects of permittee from the permit area. (Amended, Ordinance 2012-52, July 30, 2012) (2) If such is not reclaimed by the permittee within seven (7) days after removal by the City, the property shall be presumed abandoned and subject to disposal. (Amended, Ordinance 2012-52, July 30, 2012) (3) If permittee does not agree with the Decision to suspend or terminate, it may appeal the Notice to the City Manager or designee in writing within 3 business days from the date Notice was sent setting forth all defenses to the suspension or revocation. A decision will be issued in writing by the City Manager or designee within 3 business days. G. PUBLIC PROPERTY. The provisions of this section shall apply only to the locating of outdoor cafes and signs on public property or public right-of-way and shall not apply to any private property. (Amended, Ordinance 2012-52, July 30, 2012) H. INDEMNIFICATION. (1) As an express condition of the issuance of the permit, each applicant shall indemnify and hold harmless the City against all claims, injuries, demands, losses, liability, loss, injury, death or damage whatsoever, including reasonable attorney's fees and costs of suit, in connection with or arising out of the use of the permit by anyone, except where the claim is the result of the sole negligence of the City. (Amended, Ordinance 2012-52, July 30, 2012)