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(A) Nonconforming newsracks. Any newsrack found not to be in compliance with this Section shall be subject to the enforcement provisions contained herein.
(B) Enforcement. The Commissioner shall enforce the provisions of this chapter and shall have the authority to issue regulations for the purpose of enforcement.
(1) If a newsrack is placed in the public way without a newsrack sticker as required by Subsection 16-38.3(A), the Commissioner may remove it from the public way immediately and may dispose of such newsrack immediately.
(2) Upon a determination that a newsrack permitted pursuant to Subsection 16-38.2(D) placed in any part of a public way is damaged in a manner which poses an immediate threat to public safety, or has profane, racist or sexually-explicit graffiti present on it, the Commissioner may remove such newsrack immediately. The Commissioner shall 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 of in ten days, unless the certificate holder retrieves the newsrack.
(3) Upon a determination by the Commissioner that a newsrack permitted pursuant to Subsection 16-38.2(D) is in violation of 16-38.3 or 16-38.4, excluding those violations stipulated in divisions (B)(1) and (B)(2) above, the certificate holder shall have five days to correct the violation. Upon a determination of such a violation, the Commissioner shall send notice of the violation to the individual provided pursuant to Subsection 16-38.2(C)(1) or (C)(2). Such notice shall include:
(a) The newsrack sticker number and location;
(b) The date of the incident, inspection or other cause giving rise to the violation;
(c) A brief and concise statement of the facts causing the violation; and
(d) A statement informing the individual that at the expiration of five days from the date of notice the Commissioner shall be free to remove the newsrack from the street if the violation has not been corrected and that at the expiration of 15 days from the date of notice the Commissioner shall be free to dispose of the newsrack unless the newsrack is retrieved and the violation is corrected.
(4) A certificate holder may comply with its obligation under Subsection 16-38.5(3) to correct the violation by permanently replacing the newsrack with a properly-stickered newsrack, or by temporarily positioning another newsrack in place of the offending newsrack while the violation is corrected. In the event that the certificate holder elects to use a temporary replacement, it shall:
(a) Give the Commissioner written notice of the location including the side of the street and/or corner at which the newsrack is temporarily placed and the date and time by which a properly stickered newsrack will be returned to the position; and
(b) Return a properly-stickered newsrack to the position by the date specified in the notice of temporary replacement.
(5) Any person aggrieved by Subsection 16-38.5(3) may appeal such action to the Public Improvement Commission by submitting a written request for such a hearing to the Commissioner before the expiration of ten days from the date of notice. Such hearing shall be heard at the next regularly scheduled hearing. The Public Improvement Commission shall issue a decision within ten days and any decision shall be subject to M.G.L. Chapter 30A.
(CBC 1985 16-38.5; Ord. 2013 c. 4)
(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)
(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)
(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)
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)
The Commissioner shall send written notice to all operators affected by this Section informing them of the date when the Commissioner will accept the first applications for Certificates of Compliance. The Commissioner shall send said notice at least 30 days prior to the initial application acceptance date.
(CBC 1985 16-38.11; Ord. 2013 c. 4)
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