(A) Whenever the Director of Public Works is advised that a newsrack has been installed or is being maintained in violation of this chapter, he shall so notify the person in whose name the newsrack is registered pursuant to § 13.34.030. Such notice shall state the nature of the violation, the intention to impound the newsrack if the violation is not corrected or a hearing is not requested before the City Manager within ten days after the giving of such notice, and the procedure for requesting such a hearing.
(B) A timely request for a hearing shall stay any impounding, provided that if the violation is not corrected within five days after the decision at such hearing becomes final, the Director of Public Works may impound the newsrack in accordance with division (D).
(C) Notwithstanding division (A), in the case of violations of this chapter relative to restrictions upon attachments of newsracks to private property other than that owned by the owner of the newsrack, to fixed objects, or to each other, and upon location of newsracks, the Director of Public Services may, as an alternative to the procedure specified in division (A), move, align, remove such attachment, or otherwise move such rack or racks in order to restore them to a legal condition.
(D) Whenever a newsrack is impounded pur-suant to division (A), the newsrack shall be removed by the Director of Public Services and stored in any convenient place. The Director of Public Services shall notify the owner thereof by service of a “notice of removal.” Such notice shall state the date the newsrack was removed, the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a post-removal hearing before the City Manager, if desired. Any such newsrack removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 45 days after such removal and upon the payment of reasonable charges of removal and storage therefor. Upon failure of the owner to claim such newsrack and pay the reasonable charges within 45 days after the mailing of written notice of removal, such newsrack shall be deemed to be unclaimed property in possession of the Police Department and may be disposed of pursuant to the provisions of Chapter 3.24 of this code.
(E) Any newsrack in violation of the provisions of this chapter, which violation creates an immediate danger to the health or safety of the public, and which violation cannot be corrected by moving or otherwise repositioning the newsrack, may be summarily removed and stored in a convenient location so as to eliminate the danger to the health or safety of the public. The Director of Public Services shall notify the owner thereof by service of a “notice of removal.” Such notice shall state the date the news-rack was removed, the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a post-removal hearing before the City Manager, if desired. Any such newsrack removed and stored pursuant to this division shall be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim such newsrack and pay the reasonable charges within the 45-day period, such newsrack shall be deemed to be unclaimed property in possession of the Police Department and may be disposed of pursuant to the provisions of Chapter 3.24 of this code.
(F) Within ten days of the notice of violation, or notice of removal of a newsrack summarily impounded, the person in whose name the newsrack is registered pursuant to § 13.34.030, or other person who provides satisfactory proof of ownership, may request a hearing before the City Manager. The request shall be in writing, shall state the basis thereof, and shall be filed with the Director.
(G) The hearing shall be held within five working days of the filing of the request, unless continued for good cause. At the hearing any person may present evidence or argument as to whether the newsrack has violated this chapter. Within two working days after the close of the hearing, the City Manager shall render a decision in writing. Notice of the decision shall forthwith be given to the person who requested the hearing.
(H) All notices shall be sent by registered mail to or personally served upon the registrant at the address shown on the registration.
(I) As used in this chapter, “Director of Public Services” and “City Manager” shall mean those persons or their designates.
('86 Code, § 13.34.100) (Ord. 3918, passed - - ; Am. Ord. 4053, passed - - )