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Ordinance No. NS-XXXX <br />Page 9 of 12 <br />(1) Landscaping shall be improved to bring the site closer into compliance <br />with the landscaping requirements of this Chapter; <br /> <br />(2) Parking areas in poor condition shall be improved and maintained in <br />accordance with Section 41-1304 of this Chapter; <br /> <br />(3) Bicycle parking shall be provided and maintained in accordance with <br />Section 41-1307.1 of this Chapter. <br /> <br />(4) Building(s) on the site shall be repainted as needed; and <br /> <br />(5) A trash enclosure in accordance with this Chapter shall be constructed or <br />rehabilitated as determined by the Public Works and Planning and <br />Building agencies. <br /> <br /> <br />Sec. 41-2208. – Enforcement, Modification, Revocation and Termination of <br />Outdoor Dining Area Permit. <br /> <br />(a) It is unlawful for any property owner, business owner, operator, tenant, or other <br />person in control of property within the city for which the provisions set forth in <br />this Article apply, to operate an outdoor dining area without an outdoor dining <br />area permit, or to fail to comply with each and every condition of that outdoor <br />dining area permit. <br />(b) Each and every violation of this Article shall constitute a separate violation and <br />shall be subject to all remedies and enforcement measures authorized by the <br />SAMC. Additionally, as a nuisance per se, any violation of this Article shall be <br />subject to injunctive relief, revocation of the outdoor dining area permit, <br />revocation of certificate of occupancy for the eating establishment, disgorgement <br />and payment to the City of any and all monies unlawfully obtained, costs of <br />abatement, costs of investigation, attorney’s fees, and any other relief or remedy <br />available at law or equity. The City may also pursue any and all remedies and <br />actions available and applicable under local and state laws for any violations <br />committed by an outdoor dining permittee and persons related or associated with <br />the business. <br />(c) When an authorized City of Santa Ana representative finds that any of the <br />provisions of this Article have been violated or that any of the following findings of <br />fact can be made, the Executive Director of the Planning and Building Agency, or <br />its designee, may revoke, suspend, or modify an outdoor dining area permit: <br /> <br />(1) Circumstances under which the outdoor dining permit was granted have <br />been changed by the operator to a degree that the public convenience, <br />health, interest, safety or welfare require revocation or modification; <br /> <br /> <br />11/14/2022 <br />Planning Commission 3 – 15