§ 34-38. Tagging of noncompliant newsracks.

(a)

Upon a determination by the director that a newsrack has been installed, used, placed, or maintained in violation of the provisions of this article, the director shall place a notice tag on the newsrack specifying the date and nature of the violation, and shall deliver to the permittee a copy of the violation describing the offense and the date that the newsrack was tagged for the violation. Every notice shall indicate the name and address of the city employee to contact to contest the violation and/or seizure of the newsrack and language explaining the right of the permittee to appeal. Permittee shall have ten (10) business days from the date on which the tag was attached and notice was delivered to either correct the violation or request a hearing pursuant to this section.

(b)

The director may tag a newsrack for any violation of this article, but a tag is not required prior to impoundment if:

(1)

The newsrack is abandoned;

(2)

The newsrack poses an immediate danger to persons or vehicles and:

a.

The director first has made a reasonable attempt to contact the permittee of the newsrack and request immediate relocation or removal; or

b.

If the permittee is unable to be contacted or does not respond to appropriate notification and the newsrack cannot be moved by the director to another location on the street, sidewalk, or other right-of-way without mechanical assistance; or

(3)

The newsrack has been installed, placed, or maintained on the city's right-of-way without a valid permit. Any newsrack within the city's right-of-way that does not have a city decal or visible identification and contact information for the owner of the newsrack is presumed to have been installed without a valid permit.

(c)

Impoundment of newsrack after tagging. The department may seize and remove a newsrack pursuant to the procedure detailed in section 34-37 if:

(1)

The newsrack remains in violation of the section specified in the notice tag ten (10) business days after delivery of the notice of violation and the permittee fails to file an appeal; or

(2)

After a hearing pursuant to section 34-39, the city manager or his designee has upheld the director's determination that the newsrack is noncompliant and ten (10) business days have elapsed since the written decision was delivered to the appellant.

(Ord. No. 2009-9129, § 2, 10-22-09)