A. Upon a finding by the county engineer that changed circumstances have resulted in the need to remove or relocate any newspaper collection bin for which a permit has been issued pursuit to this chapter, a written notice to remove or relocate shall be sent by registered mail or by had delivery to the owner of the newspaper collection bin, stating a deadline for the removal or relocation. If the owner of the newspaper collection bin fails to remove or relocate the bin on or before the deadline, the county engineer may remove or relocate the bin and charge the owner for the costs of such removal or relocation. If determined in the best interests of Pima County, the county engineer may retain custody of the bin until all removal or relocation costs have been paid by the owner.
B. If in the opinion of the county engineer the location of a newspaper collection bin located within a Pima County right-of-way constitutes an immediate and substantial hazard to life or property, the county engineer may immediately remove or relocate the bin without prior notice to the owner. In such instances, the county engineer shall give notice to the owner of the bin by registered mail or hand delivery within five working days after the bin has been relocated or removed.
C. In the event of a removal pursuant to this section, the permit shall be revoked and the prorated amount of the annual fee collected for the newspaper collection bin shall be refunded to the owner. Unless waived by the owner, no permit revocation or refund shall occur until the owner has had an opportunity to be heard on appeal to the Pima County board of supervisors pursuant to Section 10.52.110.
D. For purposes of this section, the term changed circumstances shall include road or public facilities construction, change of traffic pattern, change of road classification or status, or any circumstance which in the opinion of the county engineer causes a newspaper collection bin to become unsafe to the traveling public.
E. The owner shall bear the cost of removal or relocation of any newspaper collection bin done pursuant to this section, unless the removal was done without notice to the owner and was not caused by actions of the owner. Compensation for removal of a newspaper collection bin done pursuant to this section shall be limited to the refund of the annual fee, prorated to the date of removal. In cases where the newspaper collection bin is relocated, there shall be no compensation allowed, and the annual fee shall be applied to the new location.
(Ord. 1989-86 (part), 1989)