(a) It shall be the responsibility of the Commissioner to perform an annual inspection of all pay telephones that are installed on private property and in the right-of-way in the City, to ensure that they are in compliance with this chapter. The Commissioner will provide a report to the Director listing all pay telephones not in compliance with this chapter, the owners of such telephones, and the owners of the properties where such telephones are located.
(b) Any owner of a pay telephone who is not in compliance with this chapter shall be notified in writing by the Commissioner of the violation, a copy of which shall be sent to the property owner where such violations exist. The owner of the pay telephone must correct the violations within five (5) business days of the mailing of such notice. If the owner fails to correct the violations within the time required, the Commissioner may order the telephone removed, and the license or permit of the owner suspended, until all violations are corrected, or revoked.
(c) An order of removal, or license or permit suspension or revocation, shall be sent in writing to the pay telephone owner, and a copy shall be sent to the property owner where such violations exist. The City may remove the phone within five (5) business days of the mailing of such notice, at the owner’s expense. The owner shall reimburse the City for the cost of removing and storing the telephone before the owner may reclaim the telephone. Such costs shall also include the cost of removing any installation ancillary to the outdoor pay telephone and the cost of restoring the public right-of- way to its original condition.
(d) An owner may appeal a violation notice, a removal order, or an order of suspension or revocation to the Board of Zoning Appeals within fourteen (14) days of the date of receipt of the notice or order. The Board shall promptly notify the Clerk of Council of any appeal and of the hearing date. The Board shall hear the appeal within fourteen (14) days after the appeal is filed, and the Board shall issue a decision within fourteen (14) days after the conclusion of the hearing. No notice of the hearing is required to be provided to adjoining property owners.
(e) If the license, contract or permit of an owner is suspended or revoked, the owner must remove all telephones installed pursuant to that license, contract or permit, and the owner may not install any more telephones until the suspension is lifted or a new license or permit is issued or contract is executed. An appeal to the Board of Zoning Appeals of a removal order, or of a suspension or revocation, shall stay such removal order.
(f) If an owner’s license, contract or permit is revoked, the owner must apply for a new license, contract or permit and pay all fees required for a license or permit prior to the installation of any telephone. After the revocation of a permit, the owner may not reapply for a permit for the same location for one (1) year after the date the revocation is effective and after the conclusion of any appeal therefrom.
(g) If an owner does not comply with an order to correct a violation of the requirements to maintain a telephone clean or free of graffiti, stickers or advertising within five (5) business days from the mailing of such an order, the Commissioner may take action necessary to clean or remove graffiti, stickers or advertising from the telephone at the owner’s expense. The owner shall reimburse the City for such expenses.
(Ord. No. 1989-01. Passed 10-22-01, eff. 11-1-01 without the signature of the Mayor)