(A) Non-conforming publication racks or boxes. Within 120 days after this chapter becomes effective and at any time thereafter, any publication rack or box in violation of any provision of this chapter will have a “Notice to Correct” attached by the Public Works Department citing the nature of the violation. If the violation is not corrected within seven days after such notice is attached, the Public Works Department may have the publication rack or box impounded and shall make all reasonable efforts, including notification by telephone and registered mail, to notify the publisher or their authorized distributor of the impoundment. Impounded publication racks or boxes will be held for four months after removal with a storage charge of $30 per month. The publisher or their authorized distributor shall not be permitted to receive permits for other boxes or racks in the city until the impounded box or rack is collected and all storage costs paid. If the box or rack is not collected within four months, the box or rack will be returned to the distributor and the administrative costs of the storage and return of the box or rack assessed.
(B) Abandonment.
(1) In the event any publication rack or box installed pursuant to this chapter does not contain the publication specified in the application within a period of seven days after release of the current issue, the Superintendent of Public Works may deem the publication rack or box abandoned and may thereafter have the publication rack removed from the public right-of-way in accordance with the procedure set out in division (A) above. In addition, a publication rack or box shall be deemed abandoned when no publication is in the publication rack or box for a period of more than seven consecutive days. Once deemed abandoned, the permit for a publication rack or box is considered to be forfeited and the rack or box will be impounded by the city. The city shall make all reasonable efforts, including notification by telephone and registered mail, to notify the publisher or their authorized distributor of the impoundment. Impounded publication racks or boxes will be held for four months after removal with a storage charge of $30 per month. The publisher or their authorized distributor shall not be permitted to receive permits for other boxes or racks in the city until the impounded box or rack is collected and all storage costs paid. If the box or rack is not collected within four months, the box or rack will be returned to the distributor and the administrative costs of the storage and return of the box or rack assessed.
(2) In the event a distributor of a publication rack or box desires to voluntarily abandon a publication rack or box location, the distributor shall notify the Superintendent of Public Works, completely remove the publication rack or box and mount and restore the public right-of-way to a safe condition leaving no holes or projections in the mounting surface.
(Ord. 13-1999, passed 4-7-99) Penalty, see § 121.99