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)