ORD 2248 - Laserfiche WebLink

Ordinance No. 2248 Page 9 of 9 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 newsrack poses an immediate danger to pedestrians or vehicles, provided notice of the seizure and an opportunity to contest is given to the person responsible for the seized newsrack within five days after the seizure. f. Removal of abandoned newsracks. Abandoned newsracks may be removed by a public officer or his or her designee and may be disposed of if it is not claimed by the responsible party within 30 days. Newsracks remaining empty for 30 days or not claimed within 30 days of seizure shall be deemed abandoned, except that a newsrack remaining empty due to labor strike or any temporary interruption of distribution or publication by the newspaper sold from that newsrack shall not be deemed abandoned. 6.28.170 liability insurance. Each person, prior to the granting of an encroachment permit under this chapter, shall furnish to the city a certificate showing that such person has then in force public liability and property damage insurance, naming the city as an additional insured, in an amount and in a form approved by the city attorney 6.28.180 indemnification. Every person operating or maintaining a newsrack upon or within the public property, rights-of-way or public easements adjacent to streets of the city shall agree, prior to the granting of an encroachment permit, to indemnify and hold harmless the city, its officers and employees, from any loss, liability, damage, or cost sustained by any person or property, arising from the installation, operation or use of such newsrack.