A. Notice: If at any time it is determined by the city that a newsrack is not in compliance with the requirements of this chapter, a "notice of intent to remove" shall be issued, in writing, to the permittee by mail. Such notice will state the violation constituting the basis of the proposed removal. The notice shall allow the permittee ten (10) days from the date of mailing to request a hearing before removal of the newsrack. If no hearing is requested within the time allowed, the city may proceed with removal and recover the cost from the permittee.
B. Hearing: If a hearing is requested, it shall be held not less than fifteen (15) days from the date a request for hearing is filed. Prior to the hearing the permittee may file a written response specifically setting forth the reason that the newsrack should not be removed. At the hearing the hearing officer shall determine whether the newsrack complies with the provisions of this chapter. In the event that the hearing officer determines that the newsrack is not in compliance with this chapter, the newsrack shall be removed by the permittee within ten (10) days or otherwise brought into compliance with this chapter. If the newsrack is not removed as required, the city may remove the newsrack and recover the expense of removal from the permittee.
C. Appeal: The permittee may appeal any decision or order to the mayor or the mayor's designee. Any appeal shall be filed in writing within ten (10) days of the decision of the hearing officer and shall specify the basis for the appeal. The mayor shall consider the appeal based on the written submissions.
(Ord. 2012-41, 7-10-2012)