A. Upon determination by the City Manager, Chief of Police, Code Enforcement Officer or their designee, that a newsrack has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the offending condition will be issued to the distributor of the newsrack. Such order may be faxed and/or telephoned to the distributor and a copy of the order shall be mailed to the distributor, by certified mail, return receipt requested. The order shall specifically describe the offending condition, suggest actions necessary to correct the condition, and inform the newsrack distributor of the right to appeal. Failure to properly correct the offending condition within ten (10) days after the mailing date of the order, shall result in the offending newsrack being removed and deemed unclaimed property in possession of the Police Department. If the offending newsrack is not properly identified as to distributor under the provision of Section 9.10.060 hereof; it may be removed without prior notice and deemed property in possession of the Police Department. An impound fee, which shall be measured by the city's cost and expense of impounding, shall be assessed against each newsrack removed. The City Code Enforcement Official shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this section. The distributor of the newsrack shall be charged a ten dollar ($10.00) inspection fee for each newsrack so inspected. This charge shall be in addition to all other fees and charges required under this chapter and placed in the Code Enforcement Fund.
B. Notwithstanding the provisions of subsection A. above, prior notice of seizure is not required where the newsrack poses an immediate danger to pedestrians or vehicles; provided, written notice of the seizure is mailed to the distributor of the newsrack by certified mail, return receipt requested, within five (5) days after the seizure. The notice shall specifically describe the offending condition, and inform the newsrack distributor of the right to appeal. The written notice shall be prepared by the Code Enforcement Officer identifying newsrack for removal.
C. Notwithstanding the provisions of subsections A. and B., the Code Enforcement Official may utilize the Administrative Citation Process - as provided in Chapter 1.26 of the Municipal Code prior to seizure of any newsrack to provide for an alternative form of enforcement; and, in addition to other provisions of this chapter.
(Ord. 307 § 2 (part), 2004)