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(A) (1) For any newsrack on public property which was in place on September 27, 1994, the owner of such newsrack shall obtain a newsrack permit from the development services manager within 30 days after the effective date of this section.
(2) Such permit shall be issued by the development services manager or designee if the newsrack complies with the city standards.
(B) For all other newsracks on public property, the owner of such newsrack shall obtain a newsrack permit from the development services manager within ten days after the installation of such newsrack. Such permit shall be issued by the development services manager if the newsrack complies with the city standards.
(`64 Code, Sec. 19-61.5) (Ord. No. 2341)
(A) At the time of issuance of the newsrack permit, the permittee shall also execute a form, approved by the city attorney, agreeing to hold the city, its officers, employees and agents, free and harmless from any claim, demand or judgment in favor of any person, arising out of the installation, use, maintenance or location of any newsrack.
(B) At the time of issuance of the newsrack permit, the permittee shall submit to the city clerk a certificate of insurance confirming that a liability insurance policy in minimum amounts normally required by the city for encroachment permits has been issued naming the city as an additional insured. The certificate of insurance shall contain a provision which binds the insurance company to notify in writing the finance director or designee 30 days prior to cancellation of the liability insurance policy. If such liability insurance policy is canceled at any time, the city may remove the permittee's newsracks in accordance with the provisions of section 7-117.
(`64 Code, Sec. 19-61.6) (Ord. No. 2341)
Together with the issuance of a newsrack permit, the development services manager or designee shall issue an identification decal to the permittee. The permittee shall affix the decal to the newsrack. If the decal should be removed or defaced, the permittee shall notify the development services manager or designee and another decal will be issued which the permittee shall affix to the newsrack.
(`64 Code, Sec. 19-61.7) (Ord. No. 2341)
(A) Any newsrack installed, used or maintained in violation of the provisions of these sections may be removed and stored by the development services manager or designee ten working days after mailing notice to the address given in the permittee's application for a newsrack permit that such newsrack will be removed. The notice shall give the permittee the opportunity to cure the violation or to be heard at an informal conference with the development services manager. The permittee shall be notified if the newsrack is removed and stored.
(B) The development services manager may summarily remove any newsrack which poses a danger to pedestrians or vehicles, creates a health or safety hazard for pedestrians or vehicles, or otherwise unreasonably interferes with the safe use of public streets or sidewalks. The permittee shall be notified if the newsrack is removed. The notice shall give the permittee the opportunity to be heard at an informal conference with the development services manager.
(C) The notice of removal or intended removal shall include a form for requesting an informal conference with the development services manager as to the reasons for the removal or intended removal of the newsrack. If the permittee wishes to contest the removal or intended removal of a newsrack, the permittee shall, within ten working days of the mailing of the notice return to the city such request for an informal conference with the development services manager as to the reasons for such removal or intended removal of the newsrack. Following such conference, a written decision shall be mailed to the permittee.
(D) If within 30 days following a notice of removal of a newsrack, or, if a conference was requested and the removal was upheld, within 30 days following the mailing of the decision, the permittee fails to claim the newsrack and pay the expenses of removal and storage, the newsrack shall be deemed unclaimed property in possession of the city and may be disposed of pursuant to law.
(`64 Code, Sec. 19-61.8) (Ord. No. 2341)
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