10-28-720 Illegal benches – Removal and storage fee – Disposal – Notice.

   (a)   Each contractor shall have the authority to remove illegal advertising benches only in the territory for which the contract is awarded. The contract of a contractor who fails to remove illegal advertising benches in accordance with the terms of such contracts shall be subject to termination at any time by the department.

   (b)   The city shall have the authority to remove any illegally situated advertising bench that is not removed by the contractor. Any advertising bench removed by the city may be reclaimed by its owner within ten days after it is removed, upon the payment of a $100.00 removal and storage fee. If the bench is not reclaimed within such ten-day period, it may be disposed of as unclaimed property. The city may assess against the contractor's bond any of the city's unreimbursed expenses of removing a bench pursuant to this subsection.

   (c)   Any illegally situated advertising bench removed by a contractor shall be retained by the contractor for at least ten days. The owner of the advertising bench may reclaim the bench from the contractor within such time upon the payment to the contractor of a $100.00 removal and storage fee. If the bench is not reclaimed within such 10-day period, the contractor may dispose of the bench as he sees fit.

   (d)   At least ten days before an advertising bench that is illegally situated on the public way is removed pursuant to this article, the city, or the contractor acting as agent for the city, shall affix a notice to the bench stating: (1) that the bench will be removed at the owner's expense if not removed by the owner within ten days; and (2) the address at which the bench may be reclaimed within ten days after it is removed, upon the payment of a $100.00 storage and removal fee.

   In addition, if the address or telephone number of the owner of the bench is reasonably ascertainable from the bench itself, the city, or the contractor acting as agent for the city, shall provide the above information to the owner by mail or telephone at least ten days before the bench is removed.

   However, when the city removes an illegally situated advertising bench maintained by the contractor, notice pursuant to this paragraph shall be made only by mail to the contractor at least ten days before the bench is removed.

   Notwithstanding the provisions of subsection (d), the city, or a contractor operating under the direction of the city, shall have the authority to remove or relocate an advertising bench that poses an immediate threat to the health or safety of the public, without providing notice as required by that subsection.

(Added Coun. J. 12-19-90, p. 28705)