14.38.150: VIOLATION; REMOVAL:
If at any time the city determines that an artist's use of available city property or the display placed thereon is not in compliance with the requirements of this chapter or other applicable law, a civil notice of violation, as provided by title 2, chapter 2.75 of this code, shall be issued to the artist by an authorized city official. If, after receipt of civil notice of violation, an artist fails or refuses to remove any display in violation, the city may, after consultation with the city attorney or his/her designee, impound such display. Although prior notice of such impoundment shall not be required, the city shall take reasonable efforts to promptly notify the artist following the impoundment. The owner of any impounded display shall be responsible for the expense of removal and storage of such display. If the owner fails to reclaim the impounded display and pay the expenses of removal and storage within thirty (30) days after notice of impoundment, the display may be deemed unclaimed property and may be disposed of pursuant to law. If in subsequent proceedings on the underlying citation it is determined that the city made an error in impounding the display, the city shall, forthwith, at its own expense, replace the display at its location. This provision shall not be enforced in any way related to the content or expression of the material displayed, distributed, or performed by the artist. (Ord. 25-04 § 1, 2004)