(A) In the event an individual newsrack remains empty, of publications, for a period of 45 days, the city shall notify the licensee of the newsrack status in writing. Upon notice of abandonment, the newsrack provider shall remove the abandoned newsrack from the site at their own cost. If the newsrack provider fails to reclaim the subject newsrack within 45 days after notice of removal, the newsrack may be disposed of by the city, in any manner which it deems appropriate. The city is not responsible for any damage caused to a newsrack which it removes for being in violation of this subchapter.
(B) At least 50% of the compartments contained in a modular newsrack shall be occupied at all times. Any modular newsrack failing to maintain the 50% occupancy requirement for over 45 days, shall be deemed abandoned by the city. If the modular newsrack is placed by a modular newsrack provider and the 50% occupancy requirement is not maintained for over 45 days, said modular newsrack provider may be considered in breach of its agreement with the city, thereby enabling the city to seek any and all remedies available under said agreement.
(Ord. 1659, passed 3-17-10)