(A) Any newsrack owner may file a written request with the Director of a hearing within the time specified in § 97.137 for the purpose of demonstrating that a newsrack should not be impounded, was properly impounded, or that a violation as specified in the notice of violation has not in fact occurred.
(B) Within five working days from the date on which the request for hearing is received, the Director shall set a hearing date and shall notify the owner by first class mail of the date, time and place of such hearing. The hearing shall occur within ten working days of the date of mailing notice.
(C) Conduct of hearing. At the time set for the hearing or at the date to which the hearing is continued, the Director shall receive all evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any or all of the provisions of this chapter ,and any other relevant information. The hearing need not be conducted according to technical rules relating to evidence and witnesses.
(D) Within ten working days after the conclusion of the hearing, the Director shall find and determine, from the facts adduced at the hearing, whether the newsrack is in violation of this chapter. Any decision of the Director shall be in writing and shall contain findings of fact, a determination of the issues presented and the amount of the impound fee, if any, to be imposed. Thereafter, the Director may order the owner to remove such newsrack, of determined to be in violation of this chapter, within ten working days of the mailing date of the decision. If a notice of appeal is not timely filed during in ten day period, the Director may thereafter order the newsrack to be impounded without further notice to the owner.
(E) The Director shall send to the owner, a copy of the decision and order, by first class mail.
(Ord. 1216, passed 9-3-97)