3-18-9: NUISANCE AND REMOVAL:
   A.   After the creation of a fixed pedestal zone and expiration of the thirty (30) day removal notice period, any news rack that is not City-owned located in the public right-of-way within such fixed pedestal zone shall be deemed a nuisance.
   B.   In accordance with this chapter, the CCCR Office is authorized to mark nuisance news racks with notices of intent to abate and to order their removal and impoundment.
   C.   All notices of intent to abate shall be firmly and conspicuously affixed to the nuisance news rack. The notice of intent to abate shall contain: the date and time the notice was posted, the date and time after which the news rack shall be removed, the contact information and address for the location where the news rack shall be impounded, and information on how to request a post-abatement administrative review.
   D.   No less than seventy-two (72) hours after the posting of a notice of intent to abate, the City may remove and impound a nuisance news rack.
   E.   All abated news racks shall be stored and disposed of by the CCCR Office or authorized designees, in accordance with Idaho Code section 55-403. Reasonable storage fees, in an amount established by the Boise City Council and listed on the most current fee schedule, may be charged to the owner of an abated news rack to cover the costs of removal, impoundment, storage, recordkeeping, and other associated costs. Owners shall be required to pay all storage fees in full prior to the release of abated news racks.
   F.   Whenever a news rack, or any part thereof, is impounded and abated by the City, the owner shall be provided with the opportunity for a post-storage administrative review to determine the validity of the removal and storage of such property. In order for an owner to receive a post-storage administrative review, the owner must request the review in writing from the City within thirty (30) business days of the posting of the notice of intention to abate or notice of immediate abatement. The City shall conduct the post-storage review within forty eight (48) hours of the request, excluding weekends and holidays. Failure by the owner to request or to attend a review shall satisfy the post-storage administrative review for that owner. If it is determined at the review that there was not reasonable cause to deem the abated news rack, or any part thereof, a nuisance, the City shall be responsible for payment of all storage fees.
   G.   Any news rack that is abated and impounded under this chapter and that is not claimed and redeemed by its owner within the time limits set forth in Idaho Code section 55-403 shall become the property of the City and shall be sold. Proceeds, if any, from the sale of abated news racks shall be applied first to all outstanding storage fees and any expenses related to the sale of such property. The balance of such proceeds, if any shall be kept by the City in a separate fund for a period of one year from the date of the sale in accordance with Idaho Code section 55-404. (Ord. 10-20, 5-12-2020)