(a) Any newsrack installed or maintained in violation of this Article may be seized and removed pursuant to Section 184.6. Seizure and removal of newsracks in violation of Sections 184.4 or 184.5 may take place only if it is impractical to remedy the violation by moving the newsrack to another point on the street, sidewalk or other public right-of-way without mechanical assistance. Before any newsrack is seized, the person responsible for its installation and maintenance shall be notified and given 10 business days in which to remedy the violation or to request a hearing to contest the seizure in the manner provided in Section 184.6(b), or 7 calendar days if the person is notified of the violation by electronic mail. Notice to the party responsible for the newsrack shall be given by written notice sent to the address for such party stated on the newsrack certificate filed pursuant to Section 184.2 of this Article or, at the election of the Director, by electronic mail notice sent to the electronic mail address for such party stated on the newsrack certificate, and an additional notice tag shall be affixed to the newsrack on the date of notice. The latter notice shall be sufficient if no identification is shown on the newsrack and no newsrack certificate has been filed. Both the notice sent to the address or electronic mail address stated on the newsrack certificate and the additional notice tag affixed to the newsrack shall state the place to request a hearing to contest the seizure, as provided in Section 184.6(b).
(b) Any person notified under Section 184.6(a) may request a hearing before a designated City official (the "Hearing Officer") in the manner set forth below. The Hearing Officer shall be the Director of Public Works unless the newsrack allegedly installed or maintained in violation of this Article is located within any MUNI stopping zone, in which case the Hearing Officer shall be the General Manager of MUNI. The person notified under Section 184.6(a) may request a hearing by making a request to the office of the Director of Public Works (if the Hearing Officer is the Director of Public Works) or, if the Hearing Officer is the General Manager of MUNI, then by making a request to the office of the General Manager of MUNI. The hearing shall be held not less than 10 business days after the request was made by the party notified under Section 184.6(a). The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the City with respect to the alleged violation shall be stayed pending the Hearing Officer's decision following the hearing, which decision shall be rendered no later than 10 business days after the hearing. The Hearing Officer may give oral notice of the decision at the close of the hearing, but shall give written notice as well of all decisions.
(c) The City may seize and remove a newsrack if the person responsible for such newsrack (i) has neither requested a hearing before the Hearing Officer nor remedied the violation within 10 business days following date of notice, or within 7 calendar days if the notice was given by electronic mail, or (ii) has failed to remedy the violation within 10 business days after receiving a copy of the written decision that the newsrack was installed or maintained in violation of this Article, or within 7 calendar days if the written decision was sent to the person by electronic mail, following a hearing conducted pursuant to Section 184.6(b). Such person shall be notified of the seizure. Seized newsracks shall be retained by the City and may be recovered by the responsible party for a period of at least 10 business days following seizure.
(d) Notwithstanding the provisions of Section 184.6(a) through (c), if a newsrack is installed or maintained in such a place or manner as to pose an immediate and serious danger to persons or property, the City may seize such newsrack without prior notice to the person responsible for such newsrack if it is impractical to remedy the danger by one person moving the newsrack to another point on the street, sidewalk, or other public right-of-way without mechanical assistance. The person responsible for such newsrack shall be notified promptly after such seizure has occurred, and shall have the right to request an informal hearing before the Director of Public Works (or, if the seized newsrack had been located within any MUNI stopping zone in violation of Section 184.4(d), then before the General Manager of MUNI) within 10 business days after receiving such notice to determine whether the seizure was proper, or within 7 calendar days if the notice was sent by electronic mail. Any newsrack seized pursuant to this Section shall be retained by the City and may be recovered by the person responsible for such newsrack as provided in Section 184.6(c).
(e) Abandoend newsracks may be removed by a public officer, employee, contractor, or other authorized representative of the City (and may be disposed of if not claimed by the person responsible for that newsrack within 10 business days, or within 7 calendar days if notice is given by electronic mail. The above notwithstanding, at least 10 business days before any newsrack is removed under this subsection, or at least 7 calendar days if notice is given by electronic mail, the person responsible for its installation or maintenance shall be given written notice pursuant to this Section that such newsrack is suspected of being abandoned. Such newsrack shall not be removed if, before removal, the party responsible for its installation or maintenance informs the Director of Public Works that the newsrack has not been abandoned and promptly stocks and maintains the subject newsrack. In addition, upon removal of any abandoned newsrack, the person responsible for its installation or maintenance shall promptly be notified and given 10 business days in which to request an informal hearing before the Director of Public Works (or, if the newsrack had been located within any MUNI stopping zone in violation of Section 194.4(d), then before the General Manager of MUNI) to contest the removal under this subsection.
(Added by Ord. 359-85, App. 7/24/85; Ord. 319-10, File No. 101310, App. 12/21/2010)