A. Before any newsrack is removed, relocated or corrected by the City, the owner shall be notified by posting and mailing, where feasible, to the address for such party as stated on the encroachment permit and given ten days to remedy the violation and/or contest the removal. If no identification is shown on the newsrack and no permit has been issued, posting of a notice of violation on the newsrack itself shall be sufficient. Both forms of notice shall state the code violation, the length of time within which the violation must be cured, and the forum within which the owner may contest the removal, relocation or correction of the newsrack.
B. The City may immediately correct any violation if such violation is deemed to be an immediate hazardous or dangerous condition. This may entail immediate removal and impoundment of a newsrack by the City. If such action is taken, written notice of such action shall be sent to the permittee or owner of the newsrack within two working days after impoundment. Necessary fees shall be charged to the permittee or owner to retrieve the newsrack.
C. Any person notified of a correction or violation under this chapter may submit a written request for a hearing before the Cupertino City Council in accord with Section 10.21.100 of this chapter.
D. The City or its designee may remove a newsrack if the person responsible for such newsrack has (1) neither requested a hearing by the City pursuant to subsection A of this section nor remedied the violation within thirty calendar days following the date of the notice; or (2), following an appeal hearing has failed to remedy the violation within ten calendar days after receiving a copy of the written decision that the newsrack was installed or maintained in violation of this chapter, following a hearing as set forth in this section.
E. Removed or impounded newsracks shall be retained by the City or its designee and may be recovered by their owner within ninety days of their removal. Newsracks, which are not claimed within ninety days, shall be deemed permanently abandoned and shall be disposed according to the appropriate sections of California Civil Code.
F. Before release of the newsrack, the person responsible for such newsrack shall pay an impound fee to the City covering actual cost of transporting, storing and disposing of such newsracks.
G. Abatement hereunder is a cumulative remedy and does not prohibit the City of Cupertino from pursuing other appropriate civil or criminal action with regard to the enforcement of this chapter.
(Ord. 1830, (part), 1999)