(a) Upon a determination by the Director that a newspaper dispensing device has been installed, placed, or maintained in violation of any of the provisions of this chapter or of any regulation promulgated by the Director pursuant thereto, the Director shall issue an order to remedy the violation. The order shall be served in person or by certified mail to the individual or other person identified in the permit application as required by division (a)(2) of Section 680.03. If no permit application for the newspaper dispensing device has been filed within the City, as required by Section 680.03, the order shall be served on the owner in person or by certified mail. The order shall state the nature of the violation and provide that the owner has seven (7) calendar days after receipt of the order to remedy the violation or to file an appeal from the order with the Board of Zoning Appeals.
(b) If a violation is neither remedied nor appealed within the time period set forth in the order issued pursuant to division (a) of this section, the newspaper dispensing device which has been determined to be in violation may be impounded by the Director.
(c) Following the remedying of a violation or the reinstallation of a newspaper dispensing device after impoundment, the Director shall cause the newspaper dispensing device to be inspected. In addition to all other fees and charges required under this chapter, the owner of the newspaper dispensing device shall be charged a one dollar ($1.00) inspection fee for each such device so inspected.
(d) Appeals of a person adversely affected by any order, requirement, decision or determination by the Director under this chapter, including a denial of a permit pursuant to Section 680.04, shall be heard and decided by the Board of Zoning Appeals. The Board shall commence to hear the merits of an appeal within thirty (30) days of the filing of an appeal. The Board shall render a decision within ten (10) days of the date of the hearing, which decision may affirm, disaffirm, or grant exception from the order, requirement, decision or determination from which the appeal has been taken. If the Board affirms an order of the Director issued pursuant to division (a) of this section, the owner shall have three (3) working days to correct the violation or remove the newspaper dispensing device in question; if the owner fails to correct the violation within that time, the newspaper dispensing device may be impounded by the Director.
(e) Notwithstanding any other provision of this section, the Director shall take immediate steps necessary to remove and impound any newspaper dispensing device upon the Director’s determination that such device has been installed, placed or maintained in a manner which presents a clear and present danger to the public health or safety. Within two (2) days of the date of an impoundment made pursuant to this division, notice of the impoundment including the reasons therefor shall be served in person or by certified mail to the individual or other person identified in the permit application as required by division (a)(2) of Section 680.03. If no permit application for the newspaper dispensing device has been filed with the City, the order shall be served on the owner in person or by certified mail. The owner of the impounded newspaper dispensing device may file an appeal to the Board of Zoning Appeals which shall commence to hear the merits of such an appeal at the next regularly scheduled meeting of the Board provided that such meeting is no less than three (3) days after the filing of an appeal in which event the appeal shall be heard at the following regularly scheduled meeting of the Board. The Board shall render a decision at or before the first regularly scheduled meeting of the Board following the hearing of the appeal. If the Board reverses the Director’s order to impound, the Board shall order an immediate return of the newspaper dispensing device and its contents to the owner without assessment of an impoundment fee or other costs.
(f) In the event a newspaper dispensing device remains empty for a period of at least thirty (30) consecutive days, said device shall be deemed abandoned. The Director may treat an abandoned device in the same manner as provided in this section for newspaper dispensing devices which are determined to be in violation of any of the provisions of this chapter.
(Ord. No. 2436-A-90. Passed 6-17-91, eff. 6-20-91)