(a) If the commissioner has reason to believe that a newsrack has been placed, installed or maintained on a public way in violation of this article, including any regulation promulgated thereunder, the commissioner shall cause to be placed a notice of violation upon the newsrack. The notice of violation shall state that the newsrack will be removed and destroyed unless the newsrack is brought into compliance with this article within ten business days of the date of the notice. If the newsrack is not removed or brought into compliance within such ten-day period, and if no hearing has been requested under this section within such period, the commissioner may remove and destroy the newsrack at the expense of the distributor. The notice given under this section also shall state that the distributor may, within ten days of the date of the notice, request a hearing at which the distributor will be given an opportunity to contest the allegations of the complaint or to demonstrate that the conditions constituting a violation of this article have been remedied. Any interested person shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the commissioner determines that a violation of this article continues to occur, the commissioner shall order the distributor to remove the newsrack from the public way.
(b) Any newsrack that remains on the public way for more than ten days after it has been ordered removed pursuant to this section shall be removed and destroyed by the commissioner at the expense of the distributor.
(c) Notwithstanding any other provision of this section, the commissioner may require a distributor to remove or relocate a newsrack when such removal or relocation is necessary to accommodate a public or private construction or repair project or similar activity. In cases where immediate removal of the newsrack is necessary to protect the health or safety of the public, the commissioner may remove or relocate the newsrack at the distributor's expense and promptly give written notice to the distributor at the address identified on the newsrack of such removal or relocation thereafter. In all other cases, the commissioner shall cause a notice to be placed upon the newsrack, or shall give written notice to the distributor at the address identified on the newsrack, stating that the newsrack must be removed or relocated within ten days of the date of the notice and the reason for the removal or relocation. If the newsrack is not removed or relocated within the time specified by the commissioner, the commissioner shall remove and destroy or relocate the newsrack at the distributor's expense. The commissioner may return a newsrack he or she has not yet destroyed if the distributor reimburses the city for its costs.
(d) Any newsrack that is subject to removal and destruction may, at the discretion of the commissioner, instead be moved to a nearby location when practicable.
(Added Coun. J. 4-1-98, p. 65351)