Loading...
16-38.6   Abandonment.
   (A)   Abandonment. Newsracks properly installed pursuant to this Section shall be deemed abandoned if no printed material is found for a period of more than ten days.
   (B)   Notice and removal. Upon a determination that a newsrack is abandoned, the Commissioner shall remove the newsrack and send notice to the individual provided pursuant to Subsection 16-38.2(C)(1) or (C)(2), informing the certificate holder that the newsrack has been removed, the location of the facility where the newsrack has been stored and that it will be disposed in ten days, unless the certificate holder retrieves the newsrack.
   (C)   Voluntary abandonment. In the event that a certificate holder voluntarily abandons a newsrack location, the certificate holder shall notify the Commissioner, completely remove the newsrack and restore the public way to a safe condition.
(CBC 1985 16-38.6; Ord. 2013 c. 4)
16-38.7   Emergency Removal.
   (A)   The placement of any newsrack in the public way pursuant to the issuance of a Certificate of Compliance shall be subject to an agreement by the certificate holder that the certificate holder agrees to remove the newsrack, and agrees to pay to the city the reasonable cost of removing the newsrack, whenever the Commissioner determines that removal by the certificate holder or removal by the city is required to prevent an imminent threat to public safety.
   (B)   When the Commissioner determines that removal of a newsrack is required to prevent an imminent threat to public safety, the Commissioner shall endeavor to provide reasonable notice to the individual provided pursuant to Subsection 16-38.2(C)(1) or (C)(2) instructing them to remove newsracks in the time and fashion deemed necessary by the Commissioner. When reasonable notice is not possible, or newsrack removal has not occurred prior to the date and time stipulated in emergency removal notices, the city shall have the right to remove newsracks immediately through any public Officer, employee, contractor or other authorized representative of the city at the lowest reasonable cost and shall notify the certificate holder of such removal, the sticker numbers of the newsracks removed, and the total cost of removal for the certificate holder’s newsracks as soon as practicable. The certificate holder shall pay the city the removal costs indicated.
(CBC 1985 16-38.7; Ord. 2013 c. 4)
16-38.8   Fees.
   (A)   A newsrack removed pursuant to the regulations set forth in Subsections 16-38.5 or 16-38.6 may be retrieved by the certificate holder within 15 days of its removal upon payment of a removal fee of $50 plus a storage fee often $10 per day, to a maximum combined removal and storage fee of $200 per newsrack.
   (B)   After 15 days, any newsracks removed by the Commissioner pursuant to this Section shall be deemed “abandoned property” and shall be disposed of.
   (C)   Failure of a certificate holder to retrieve a newsrack within the specified 15-day period shall not operate to dismiss any fees owed to the city for removal and storage of such newsrack. Unpaid fees accrued pursuant to this Subsection shall be considered a debt payable to the city.
(CBC 1985 16-38.8; Ord. 2013 c. 4)
Loading...