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ORD 1103
City of Pleasanton
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ORD 1103
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3/26/2004 8:31:16 AM
Creation date
3/17/1999 6:23:04 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT NO
ORD 1103
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the newsrack to another point on the sidewalk or <br /> public right-of-way. <br /> <br />b. Notification Prior to Removal. Before any newsrack <br /> is seized, the person responsible for its installation <br /> and maintenance shall be notified and given five <br /> (5) days to remedy the violation or request a <br /> hearing before the Director of Public Works to <br /> c, ontest seizure. blot ice to the responsible party <br /> shall be given in writing and sent to the address <br /> stated on the newsrack encroachment permit application <br /> or the newsrack, and an additional notice tag <br /> shall be affixed to the newsrack on the date of <br /> notice. The latter notice shall be sufficient <br /> when no identification is sho~,~n on the newsrack <br /> and no permit has been issued. <br /> Hearin Ma Be Re~- A person notified under <br /> Sect ~a~ request a hearing before the <br /> Director of Public Works by making a written <br /> request to the office of the Director. The hearing <br /> shall be informal~ but oral and written evidence' <br /> may be given by both sides. Any action by the <br /> City with respect to the alleged violation shall <br /> be stayed pending the Director's decision following <br /> the hearing- <br /> <br /> d. Seizure and Retention of Newsracks. The time <br /> period requiring rer~"6'fa ~'i"6'~tion having run, <br /> or any appeal having been lost, the City may seize <br /> and remove the newsrack in violation of this <br /> Article. The responsible party shall be notified <br /> of the seizure. Seized newsracks shall be retained <br /> by the City and may be recovered by the responsible <br /> party within thirty (30) days from their seizure <br /> upon payment of the costs incurred by the City for <br /> seizure and removal. <br /> <br /> e. Seizure Without Notice if Imminent Danger. Notwith- <br /> Standing the prov{sions of Section 8(b), Drior <br /> notice of seizure is not required where tie newsrack <br /> Doses an immediate danger to pedestrians or vehicles, <br /> ~rovided notice of the seizure and an opportunity <br /> to contest is given to the person ,responsible for <br /> the seized newsrack within five (5) days after the <br /> seizure. <br /> <br /> f, Removal of Abandoned Newsracks- Abandoned newsracks <br /> ~ay be removed by a pu~'o'~icer or his designee <br /> and may be disposed of if not claimed by the <br /> responsible party within thirty (30) days. Newsracks <br /> remaining empty ~or thirty (30) days or not <br /> claimed within thirty (30) days of seizure shall <br /> be deemed abandoned. <br /> <br /> <br />
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