§ 34-39. Appeals of tagging or impoundment.

(a)

If the director tags a noncompliant newsrack pursuant to this article, such action is final unless the permittee files a written appeal to the city manager within ten (10) business days from the date on which the tag was attached to the newsrack and the notice delivered to the permittee. If a hearing is requested timely, city staff shall not remove the noncompliant newsrack until the city manager or his designee hears the appeal and makes a final determination that said newsrack was noncompliant.

(b)

If the director impounds a newsrack pursuant to this article, such action is final unless the permittee files a written appeal to the city manager within ten (10) business days from the date that notice of impoundment is delivered to the permittee, publisher, or distributor. If a hearing is requested timely, city staff shall not sale or dispose of the newsrack until the city manager or his designee hears the appeal and makes a final determination that said newsrack was noncompliant.

(c)

Request for hearing. Any newsrack permittee, or owner if the newsrack is not permitted, may file a written request with the director for a hearing by certified mail for the purpose of demonstrating that a newsrack should not have been impounded or that a violation as specified on the tag attached to a newsrack has not in fact occurred.

(d)

Notice of hearing. Within two (2) business days from the date on which the request for hearing is received, the director shall set a hearing date and shall notify the appellant by certified mail of the date, time, and place of said hearing. Said hearing shall occur within ten (10) business days of the date of mailing the notice unless the person requesting the hearing wishes to have the hearing at a later date, and both parties agree on the date.

(e)

The city manager may designate a department director or managing director other than the director administering the article to hear any appeal.

(f)

Conduct of hearing. At the time set for such hearing, or at the date to which such hearing is continued, the city manager or his designee shall receive all evidence relevant to the occurrence or non-occurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this subsection, and any other relevant information. The hearing shall be informal and need not be conducted according to technical rules relating to evidence and witnesses, but the city manager shall give the parties a reasonable opportunity to be heard and oral and written evidence may be presented by either the permittee, or owner if the newsrack is not permitted, or the city to show cause why the determination of the director should be overturned or upheld.

(g)

Decision after hearing. The city manager shall give oral notice of the decision immediately after the hearing and written notice of the decision within five (5) business days after the hearing. The decision of the city manager or his designee shall be in writing and shall contain findings of fact, a determination of the issues presented, and the amount of the fee, if any, to be imposed. The determination of the city manager shall be final unless appealed to a court of competent jurisdiction within ten (10) business days of delivery of the decision.

(Ord. No. 2009-9129, § 2, 10-22-09)