Loading...
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)
16-38.9   Effect on Other Laws.
   Nothing in this Section shall affect the adoption of regulations affecting newsracks by other government bodies, such as historic district commissions, to the extent such bodies are authorized to adopt such regulations.
(CBC 1985 16-38.9; Ord. 2013 c. 4)
16-38.10   Severability.
   The provisions of this Section shall be severable and if any Section, part or portion hereof shall be held invalid for any purpose by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining Section, part or portion thereof.
(CBC 1985 16-38.10; Ord. 2013 c. 4)
Loading...