5.24.090   Authority to alter restrictions.
   A.   Notwithstanding the provisions of this chapter, if the director of public works finds that the location of a publication vending machine, in accordance with the standards set forth in this chapter, will create or allow a condition prohibited by Section 5.24.060 or will otherwise endanger the public peace, health, safety or welfare or be contrary to the purposes and intent of this chapter, he may prohibit the location of such machine in accordance with such standards and/or may allow the location of such a machine in a manner deviating from, or at variance with the standards provided in this chapter, subject to such terms, conditions and regulations as he may deem necessary to protect the public peace, health, safety or welfare and to carry out the purposes and intent of this chapter.
   B.   Such finding may be made by the director of public works at any time.
   C.   If such finding is made prior to the issuance of a permit, the finding of the director of public works shall be made a part of the permit at the time of issuance.
   D.   If the finding is made subsequent to the issuance of a permit, written notice of the finding of the director of public works shall be given to the owner or custodian of the machine with the direction that there shall be compliance with the finding of the director of public works within ten days from the date of mailing notice.
(Ord. 75-8-739 § 1 (part): prior code § 5.36.070(j))