SEC. 7-169.  ASSESSMENTS FOR SHOPPING CART REMOVAL; NOTICE, HEARINGS, SALE.
   (A)   Upon the abatement and removal of any shopping cart located on public or private property, the city manager shall notify the owner thereof, if the same can be ascertained, by mailing a notice of abatement to the last known address of the owner.  Such notice shall state the date the shopping cart was removed from public or private property, the location and procedure for retrieval of the shopping cart, and that in order to receive a hearing about the removal of the shopping cart, the owner or its agent shall submit a request for such hearing to the city manager either in person or in writing within ten days of the date appearing on the notice.
   (B)   Any shopping cart removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 30 days after such removal and upon the payment of reasonable administrative fees.  Such administrative fees may be waived if a determination is made at a hearing that the administrative fees are unduly burdensome or otherwise unfair.
   (C)   The administrative fees for the removal and storage of the shopping cart shall be established or modified by resolution of the city council and shall include the actual cost of removal and storage of any shopping cart, or parts thereof, plus the proportional share of administrative costs in connection therewith.
   (D)   Any hearing shall be conducted within five days of the receipt of the request for such hearing, excluding weekends and holidays, by the city manager, who shall be the hearing officer.  The failure of either the owner or its agent to request a hearing within ten days from the date appearing on the notice shall satisfy the hearing requirement.
   (E)   If a hearing is requested, the hearing officer shall determine whether good cause was shown for abatement or removal of the shopping cart from public or private property.  The decision of the hearing officer shall be the final administrative remedy available to the owner or its agent.
   (F)   If good cause is shown for the abatement and removal of the shopping cart, the owner or its agent shall have 15 days from the date of the hearing to retrieve the shopping cart upon payment of the administrative fee.  If good cause is not shown for the abatement and removal of the shopping cart from public or private property, the administrative fee shall be waived and the owner or its agent shall have 15 days to retrieve the shopping cart from the storage area.
   (G)   Any shopping cart that is not retrieved by the owner of such shopping cart within 30 days after the mailing of written notice of abatement when such owner has not requested a hearing in accordance with this section, or within 30 days of storage of the shopping cart by the city in all other cases, shall be deemed to be permanently abandoned and may be sold at public auction or otherwise disposed of at the end of 30 days following such notice.
   (H)   (1)   At such time as shall be convenient, the city shall advertise for the sale of permanently abandoned shopping carts.
      (2)   Notice of such sale shall be posted in three conspicuous places located within the city.
      (3)   Ten days after the posting of such notice and the time and place fixed in the notice for the sale such permanently abandoned shopping carts may be sold and delivered to the highest bidder free and clear of the claims of the owner thereof.
   (I)   The proceeds of such sale shall be disbursed to the city.
(`64 Code, Sec. 19-70.5)  (Ord. No. 2380)