A. A newsrack in violation of this chapter may be removed by a designated public works employee of the city, if it is impossible to remedy the violation and such violation poses a danger to health and safety, pedestrians and vehicular traffic.
B. Before any newsrack is removed, the owner shall be notified by posting and mailing, where feasible, to the address for such party stated on the newsrack permit and giving ten calendar days to remedy the violation and/or contest removal. If no identification is shown on the newsrack and no newsrack permit has been obtained, posting of the notice on the newsrack alone shall be sufficient. Both forms of notice shall state the place to request a hearing to contest removal of the newsrack.
C. Any person notified under Section 12.32.120B may submit a written request for a hearing before the public works director, which hearing shall not be held less than ten business days after the request was made. The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the city with respect to the alleged violation
shall be stayed pending the public works director's decision following the hearing, which decision shall be rendered no later than ten business days after the hearing. The public works director may give oral notice of the decision at the close of the hearing, but shall also give written notice of all decisions.
D. The city may remove a newsrack if the person responsible for such newsrack has:
1. Neither requested a hearing before the public works director nor remedied the violation within ten business days following date of notice; or
2. Failed to remedy the violation within ten business days after receiving a copy of the written decision. that the newsrack was installed or maintained in violation of this chapter, following a hearing as conducted pursuant to this section.
E. Notwithstanding the provisions of subsection A of this section, prior notice of removal is not required where the newsrack poses a danger to pedestrians or vehicles, provided notice of the removal and opportunity to contest is given the owner within ten calendar days of the removal.
F. Removed or impounded newsracks shall be retained and may be recovered by their owner within thirty business days of their removal. Newsracks removed or impounded by the city shall be retained at the city's corporation yard. Newsracks which are not claimed within thirty business days shall be deemed permanently abandoned and shall be disposed of.
G. The person responsible for such newsrack shall pay an impound fee covering the actual cost to the city of removal, transporting, storing and disposing of such newsrack, and restoration of site.
H. Abatement hereunder is a cumulative remedy and does not constitute a defense to misdemeanor citation proceedings which may be employed simultaneously pursuant to the general provisions of this code. (Ord. 98-100 § 1(part), 1998).