§ 9.62.100. Plan approval or denial and penalties.

A.

Each business owner shall submit an abandoned cart prevention plan in compliance with this chapter beginning on the effective date of this ordinance. In implementing this chapter for the period beginning in 2002 and ending December 31, 2002, the director shall provide not less than sixty (60) days written notice to each owner of the date that the owner's initial abandoned cart prevention plan is due. The director may approve or deny the proposed plan and notify the owner of such decision within thirty (30) days of receipt of the plan. If approved, the abandoned cart prevention plan shall be implemented by the owner no later than thirty (30) days from the date of approval. After December 31, 2002, the owner shall comply with the provisions of this chapter regardless of receipt of written notice from the director.

B.

The director may deny a plan based upon any of the following grounds:

1.

Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, police or other municipal codes, or any county, state, or federal law which substantially affects public health, welfare or safety;

2.

The plan fails to include all the information required by this chapter;

3.

The plan is insufficient or inadequate to prevent removal of carts from the owner's premises;

4.

The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts;

5.

Implementation of the plan would violate a term or condition of another city policy or requirement of the municipal code;

6.

The owner has knowingly made a false statement of fact, or omits a fact required to be revealed in an application for a plan, or in any addendum or report or other information required to be provided regarding the plan.

C.

If the plan is rejected as incomplete or inadequate, the director shall indicate the areas of incompleteness or inadequacy, and the owner shall have an additional thirty (30) days in which to resubmit a corrected plan.

D.

An owner who fails to submit a complete plan, or fails to implement approved plan measures, or fails to comply with the approved plan measures, shall be subject to enforcement of these requirements through any lawful means available to the city, including without limitation, institution of the administrative remedies provided for in Title 1.

E.

The director's denial of a plan shall be the final administrative decision.

(Ord. 6891 § 2 (part), 2002)