CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

Page 8 of 9 removed and the location restored to its previous condition, normal wear and tear excepted. 6.28.140 advertising. No newsrack shall be used for advertising signs or publicity purposes other than one concerned with the display, sale or distribution of the newspaper distributed from it. 6.28.150 identification. Every person maintaining a newsrack under the terms of this chapter shall have his or her name, address, telephone number and email address affixed to it in a place where such information will be readily visible. 6.28.160 abatement of violation. a. Removal sanctioned. A newsrack installed or maintained in violation of this chapter may be seized and removed by a public officer of the city or his or her designee if it is impractical for the public officer to remedy the violation by moving the newsrack to another point on the sidewalk or public right-of-way. b. Notification prior to removal. Before any newsrack is seized, the person responsible for its installation and maintenance shall be notified and given five days to remedy the violation or request a hearing before the community development director to contest seizure. Notice shall be given in writing and sent to the address stated on the newsrack encroachment permit application or the newsrack and an additional notice tag shall be affixed to the newsrack on the date of notice. The latter notice shall be sufficient when no identification is shown on the newsrack and no permit has been issued. If the person responsible for the newsrack does not respond to the City’s notice within 10 days of such notice, the newsrack will be considered to be abandoned and will be removed. c. Hearing may be required. A person notified under subsection b of this section may request a hearing before the community development director by making a written request to the office of the director. The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the city with respect to the alleged violation shall be stayed pending the director’s decision following the hearing. d. Seizure and retention of newsracks. The time period requiring remedy of a violation having run, or any appeal having been lost, the city may seize and remove the newsrack in violation of this chapter. The responsible party shall be notified of the seizure. Seized newsracks shall be retained by the city and may be recovered by the responsible party within 30 days from their seizure upon payment of the costs incurred by the city for seizure and removal. e. Seizure without notice if imminent danger. Notwithstanding the provisions of subsection b of this section, prior notice of seizure is not required where the Page 13 of 371