(A) Nonconforming racks. Within 180 days after the effective date of this ordinance, and at any time thereafter, any newsrack in violation of any provision of Chapter 120 shall be subject to the procedures, remedy and due process under Chapter 36, City Code of Ordinances, entitled Code Enforcement, issuance of a Notice to Appear, citation or removal by the city. In the event that the city removes a nonconforming rack(s), the publisher and/or distributor shall be responsible for paying the city its actual costs associated with the removal and storage of the newsrack prior to obtaining possession. Should the publisher and/or distributor not take possession of the newsrack within 90 days, the city shall consider the newsrack surplus material and dispose of it appropriately.
(B) Abandonment.
(1) In the event that any newsrack installed pursuant to this chapter does not contain the publication specified within a period of 72 hours after release of the current issue, the Office of Code Enforcement may deem the newsracks abandoned and take action in accordance with subsection (3) below. In addition, a newsrack shall be deemed abandoned when the newsrack remains empty for a period of more than seven consecutive days and said newsrack may be removed and stored. If the owner of the newsrack does not reclaim it within 10 days of notification, it may be disposed of in a manner permitted by law.
(2) In the event a newspaper publishing company or its distributor desires to voluntarily abandon a newsrack location, said distributor shall notify the City Manager or his/her designee, completely remove the newsrack, and restore the public right-of-way to a safe and sound condition.
(3) In the event a publisher or its distributor does not voluntarily remove a Newsrack which is determined to be abandoned based upon the above, the city shall notify the publisher, in writing, giving seven days to remove the identified newsrack. Should the publisher or its distributor not remove the newsrack within the seven day notice period provided, the city shall remove the newsrack and temporarily store the hardware. The publisher and/or distributor shall be responsible for paying the city its actual costs associated with the removal and storage of the newsrack prior to obtaining possession. Should the publisher or the distributor not take possession of the newsrack within 90 days, the city shall consider the newsrack surplus material and dispose of it appropriately.
(Ord. O-95-47, passed 9-20-95; Am. Ord. 0-2000-26, passed 6-21-00; Am. Ord. O-2001-10, passed 2-21-01; Am. Ord. O-2005-02, passed 3-2-05)