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A. The city may deny, suspend or revoke the news rack license or deny renewal thereof, if the city finds:
1. That such licensee has violated or failed to meet any of the provisions of this chapter;
2. The licensee does not have a currently effective insurance policy in the minimum amounts provided in this chapter; or
3. That the licensee has abandoned the use of the news rack(s) as defined in this chapter. (Ord. 7-15, 2015)
A. Notice: If at any time it is determined by the city that a licensee's news rack is not in compliance with the requirements of this chapter, the city shall give a written "notice of intent to remove" to the licensee. Such notice shall state the violation or violations that constitute the basis of the proposed removal. The notice shall state the date, time and place for a hearing to be held before removal.
B. Hearing: The hearing shall be held not less than ten (10) days after the time of service of the notice. Before the hearing, the licensee may file a written response to the notice specifically setting forth the reason or reasons the news rack should not be removed. At the hearing the real property manager shall determine whether the news rack complies with the provisions of this chapter. In the event that the real property manager determines that the news rack does not comply with this chapter, the licensee shall remove or bring into compliance the news rack within ten (10) days. If the news rack is not removed or brought into compliance as required, the city may remove the news rack and recover the expense of removal from the licensee.
C. Appeal: The licensee may appeal any removal decision or order to the mayor or the mayor's designee. Any appeal shall be filed in writing within ten (10) days after the decision and shall specify the basis for the appeal. The mayor shall consider the appeal based on the written submissions. (Ord. 7-15, 2015)
A. Removal: In the event a city official determines that the location or operation of the news rack constitutes an immediate physical threat to public life, safety or health, the city may remove the news rack immediately without any prior notice. This provision shall not be enforced in any way related to the content of the material distributed by the news rack.
B. Notice: In the event of such an emergency removal, the city shall immediately contact the licensee's representative and inform the representative of the removal, the reason(s) for the removal, and of the licensee's right to request a hearing before the real property manager regarding such removal. If requested by the representative, the city shall hold an immediate hearing before the real property manager to determine whether or not the removed news rack constituted an immediate threat to the public life, safety or health. In the event that the real property manager determines that the news rack did not constitute such an immediate threat, the city shall immediately, at its own expense, replace the news rack at its location. In the event that no immediate hearing is requested by the licensee's representative, a hearing as provided in subsection 14.36.190B of this chapter shall be held, except that the process shall occur after the removal of the news rack.
C. Appeal: The licensee may appeal any decision or order to the mayor or the mayor's designee. Any appeal shall be filed in writing within ten (10) days after the decision and shall specify the basis for the appeal. The mayor shall consider the appeal based on the written submissions. (Ord. 7-15, 2015)
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