(a) Upon a determination by the Director of Public Service and Development that a newspaper device has been installed, erected, located, placed, displayed, maintained or used in violation of any of the provisions of this chapter, 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 Section 907.01(a)(2). If no permit application for the newspaper dispensing device, including where there has been a failure to file a timely renewal application, has been filed with the City, as required by Section 907.01, or which has been revoked, the order shall be served on the owner in person or by certified mail.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 shall have fifteen days within which to remedy the violation.
(b) If a violation is neither remedied within the time period set forth in the order issued pursuant to subsection (a) hereof, or appealed to the Board of Zoning and Building Appeals in accordance with the provisions of Section 907.06, the newspaper dispensing device which has been determined to be in violation by the Director may be impounded by the Director. The fee for impoundment shall be the actual costs incurred by the City in impounding the device.
(c) Notwithstanding any other provision of this section, the Director shall remove and impound any newspaper dispensing device upon the determination by the Director that the device has been installed, erected, located, placed, displayed or maintained in a manner which presents a clear and present danger to the public health or safety. Within three days of the date of impoundment made pursuant to this subsection, 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 Section 907.01(a)(2). If no permit application has been filed or a permit application denied or permit revoked, for the newspaper dispensing device, the order shall be served on the owner in person or by certified mail.
(d) Unless the newspaper dispensing device and its contents are being held as evidence in a criminal prosecution, the owner of the contents of an impounded newspaper dispensing device may recover those contents at any time.
(Ord. 87-37. Passed 12-7-87.)