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8C Consent 2014 0616
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8C Consent 2014 0616
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6/30/2014 10:01:42 AM
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6/11/2014 10:49:18 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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_CC Agenda 2014 0616 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Ord 2014-008
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Path:
\City Clerk\City Council\Ordinances\2014
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File Number: 14-211 <br />(b)Violations. Any mobile food vending unit that is located, operated, or maintained in a <br />manner that impedes vehicular and pedestrian circulation or that creates a hazard to life or <br />property, or any condition or act in violation of this Chapter or any provision of applicable state <br />or federal law, is expressly deemed and declared to be a public nuisance, and such violation <br />may be abated by any duly authorized police officer of the City of San Leandro in any of the <br />following manners: <br />(1)Citations - Violations: Pursuant to Chapter 1-12 of this Code. <br />(2)Authority to Tow: Removing or causing removal of any mobile food vending unit <br />from any street within the City of San Leandro when such mobile food vending unit is <br />operating in violation of this Chapter. The vehicle shall be removed to a tow yard. <br />(i)Payment of Charges: The owner or person having the right to possession of <br />any mobile food vending unit removed pursuant to this Chapter shall pay all <br />such removal, towing and storage charges before he, or she shall be entitled to <br />regain possession of such vehicle. <br />(ii)Food Spoilage and Property Loss: The City shall not be responsible for food <br />spoilage or property loss that results from the removal, towing and storage of a <br />mobile food vending unit pursuant to this Chapter. <br />(3)Suspension: Any Mobile Food Vending Permit issued under this Chapter may be <br />suspended pending hearing and for a period not exceeding ten (10) days whenever <br />any duly authorized police officer of the City of San Leandro has issued a notice of <br />hearing for revocation of permit. Any such suspension shall terminate upon its <br />expiration date or upon the rendering of a decision on the question of revocation, <br />whichever shall occur first. No mobile food vending unit shall operate in the City of San <br />Leandro under a Mobile Food Vending Permit during the time the permit is suspended <br />pending the hearing. <br />(4)Violations may also result in revocation of applicant’s business license pursuant to <br />Section 2-2-440 of this Code. <br />SECTION 2.SEVERABILITY. If any section, subsection, subdivision, paragraph, <br />sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, <br />is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall <br />not affect the validity or enforceability of the remaining sections , subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other <br />person or circumstance. The City Council of the City of San Leandro hereby declares that it <br />would have adopted each section, subsection, subdivision, paragraph, sentence, clause or <br />phrase hereof, irrespective of the fact that any one or more other sections, subsections, <br />subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or <br />unenforceable. <br />SECTION 3.EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect <br />thirty (30) days after adoption. The City Clerk is directed to publish the title once and post a <br />complete copy thereof on the City Council Chamber bulletin board for five (5) days prior to <br />Page 9 City of San Leandro Printed on 6/10/2014
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