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)