A. Any harmful matter displayed or exhibited in violation of Section 7.38.080(A) may be summarily removed and stored in any convenient place by any officer of the City. Such officer shall take reasonable steps to notify the owner of said newsrack of the fact that the harmful matter has been removed pursuant to this section. Upon failure of the owner to claim such harmful matter and pay the expenses of removal and storage within thirty days after such removal, said harmful matter shall be deemed to be unclaimed property in possession of the Police Department and may be disposed of pursuant to applicable provisions of the law regulating thereto.
B. In the event any newsrack which is installed pursuant to this chapter does not have the owner's name, address and telephone number affixed, or where a newsrack has been determined to be abandoned, the City may impound it pursuant to the procedures set forth in this chapter. For the purposes of this section, the term "abandoned" shall include, but is not limited to, circumstances where no publication is in the newsrack for a period of over seven days or is not serviced with the publication it is designed to disseminate for a period of over seven days.
C. Failure to properly correct a violation or offending condition within ten days, unless a hearing is requested pursuant to Section 7.38.170, shall result in the offending newsrack being impounded and processed as unclaimed property under applicable provisions of law relating thereto.
D. In the event that any newsrack is found in a damaged condition, or in a location, either of which creates an immediate threat to the public health, safety or welfare, the City may immediately impound it pending a hearing pursuant to Section 7.38.170, provided such hearing is requested by the owner within ten working days of the date of mailing of a written notice of impoundment to the owner, if known.
E. Whenever any newsrack is to be impounded pursuant to this section, the owner may, within ten working days of the date the notice of violation is posted on the newsrack or mailed, request a hearing in writing as provided in Section 7.38.170. (Ord. 2919 § 1 (part), 1997).