Any news rack, as the term is defined herein, installed, used or maintained in violation of any of the provisions of this subchapter may be removed pursuant to the provisions of this section. Prior to the removal, the Director of Public Works shall mail or otherwise deliver to the owner of the news rack a notice setting forth the location of the news rack, describing the violation, and giving the owner not less than five but not more than ten days within which to either correct the violation or request an informal hearing before the City Manager to contest the removal. In the event the owner of the news rack neither corrects the violation nor requests an informal hearing within the time specified in the notice, the Director of Public Works shall immediately thereafter cause the removal of said news rack and shall store it in any convenient place. In the event the owner of the news rack requests a hearing, the City Manager shall hold the hearing within five days after receiving any such request. If the City Manager finds that the news rack described in the notice is not in compliance with the requirements of § 95.22, he may order its immediate removal. The Director of Public Works shall thereafter cause the removal of the news rack and shall store it in any convenient place. Within five days after making any removal authorized by this section, the Director of Public Works shall take reasonable steps to notify the owner of the news rack of the fact of its removal, the place of its storage, and of the fact that unless the rack is claimed within 45 days, and the costs of the pickup as fixed by the Director of Public Works paid, that the rack will be deemed abandoned and will be destroyed. Upon failure of the owner to claim such news rack and pay such costs as fixed by the Director of Public Works within 45 days after such notice has been sent to the owner, such news rack shall be deemed to have been abandoned by the owner, and to be abandoned property, and the news rack and its contents, except the money, shall be destroyed by representatives of the Director of Public Works. Any money contained in any news rack so destroyed shall be held in the official custody of the Finance Director of the City for a period of three years and handled pursuant to Cal. Gov't Code §§ 50050 et seq.
(`67 Code, § 3-12-5)