A. Notice: Any news rack on city owned property or in the public right of way, except one for which a license has been obtained pursuant to this chapter, is an unauthorized news rack. The city shall make reasonable efforts to identify the owner of the unauthorized news rack. If the city identifies the owner, the city shall give a written "notice of intent to remove" to the owner. Such notice shall state that the news rack is not licensed by the city and may be subject to removal by the city. 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 owner 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 is licensed pursuant to this chapter. In the event that the real property manager determines that the news rack is not licensed pursuant to this chapter, the owner shall remove or license the news rack within ten (10) days. If the news rack is not removed or licensed as required, the city may remove the news rack and recover the expense of removal from the owner.
C. Appeal: The owner 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.
D. Removal: If the city is unable to identify the owner of an unauthorized news rack, the city may remove the news rack. The owner of any removed news rack shall be responsible for the expense of removal and storage of such news rack. If the owner fails to reclaim the removed news rack and pay the expenses of removal and storage within thirty (30) days after the removal, the news rack may be deemed unclaimed property and may be disposed of pursuant to law. (Ord. 7-15, 2015)