SAN FRANCISCO (KCBS)— Sinbad’s, an iconic restaurant on the San Francisco waterfront, is refusing to leave its property even though the Port needs the space to build new ferry piers and now faces an eviction notice.

Sheriff’s deputies are expected to serve the notice of eviction anytime now before the close of business on Tuesday.

READ MORE: UPDATE: Cal Fire Crews Reach 80% Containment on Fremont Fire Near Napa-Sonoma County Line

The seafood restaurant has been at Pier 2, just south of the Ferry Building, for 40 years, but after serving steamed clams and Dungeness crab cocktails in that amount of time, they agreed to leave as of March 21st to make way for expansion of the ferry docks.

Now Sinbad’s co-owner, Tom Stinson, is defying his settlement with the Port by staying open for business because he says the port doesn’t need the land yet.

“We have no hesitation that we will vacate with all responsibility to all the people and participating agencies which need our cooperation. We will then do just that when the time is appropriate,” Stinson said.

READ MORE: NHL Clears Evander Kane In Gambling Probe; Faces New Allegations Of Spousal Abuse

Stinson says it could be months, maybe even a year, before he really has to lay off his 30 workers and disappoint thousands of loyal customers.

According to a Port spokeswoman, Rene Martin, that’s not so and their time is up.

“At this point they’re willfully trespassing. They know that they do not have the legal right to be on the property,” she said.

MORE NEWS: Posey, Bryant Lead Giants Past Padres, Increase NL West Lead To 2 Games

Martin said the Port has initiated eviction proceedings and Sinbad’s will be served within 24 hours. That starts a legal process that could let the restaurant hang on for another month or two.