§ 97.138 IMPOUNDING OF NEWSRACKS.
   (A)   If an owner fails to timely correct the violation(s) specified in the written notice, and fails to request a hearing within the time provided herein, the Director may impound such newsrack or newsracks.
   (B)   In the event a newsrack does not have the owner's name, address and telephone number affixed thereto as required by this chapter, then such newsrack may be impounded if, within ten working days of the date the violation tag was affixed, the owner has not requested a hearing as provided in § 97.141, in which case the newsrack shall be deemed to be abandoned.
   (C)   Where the installation, use or maintenance of a newsrack creates an immediate threat to the public health safety or welfare, it may be impounded, provided written notice is thereafter provided to the owner by first class mail pursuant to division (E) below.
   (D)   When such newsrack had been abandoned, it may be impounded. For purposes of this section, a newsrack shall be deemed abandoned when it has remained empty for 30 consecutive days or longer, or no new publication has been placed in the newsrack for 45 days longer. Upon abandonment, a newsrack may be impounded notice is given to the owner, if the owner can be identified, pursuant to division (E) below.
   (E)   Whenever any newsrack is impounded, the Director shall provide written notice by first class mail to the owner within three working days of such impoundment and of the rights of the owner to recover such impounded newsrack(s).
(Ord. 1216, passed 9-3-97)