(A) Except as otherwise specifically stated herein, the Director of the Public Works Department, or his or her designees, shall be responsible for enforcement of this chapter.
(B) If any materials are placed in a village-owned newspaper dispensing device without a permit therefore having been issued, or after the expiration or revocation of a previously issued permit, or the materials are deemed abandoned or unclaimed, or in the event of a violation of any other provision of this chapter, the Director of Public Works shall send, by certified mail, with return receipt requested, a written notice to the address of the permitted user, if any, or to any identifiable responsible party, if unpermitted. The notice shall state the address and telephone number of the Director of Public Works, a description of why the materials are in violation of the requirements of this chapter, that the permittee or other user is ordered to immediately remove the materials or otherwise remedy the violation, and that the materials shall be removed by the village or the violation otherwise remedied by the village after a date designated in the notice. The date for removal shall be no less than seven calendar days after the date the notice is mailed or first posted, as the case may be, unless the user requests an appeal of the pending removal action before the Village Board pursuant to the appeal process set forth in § 129H.08 below by filing a written request for hearing with the Village Clerk on or before the designated removal date, in which case no removal shall take place unless and until a decision to uphold the removal is made by the Village Board.
(C) If any newspaper dispensing device still contains materials or a violation otherwise still exists after the seven calendar day period described above, and if no timely request for an appeal is filed or after hearing a timely filed appeal the Village Board upholds a decision of removal, the materials shall be removed by the village or the violation otherwise remedied by the village.
(D) If a newspaper dispensing device is unused for a period of more than 30 days in that no newspapers, flyers, handbills or other similar printed materials are placed within the device and offered for sale or for distribution at no cost, the newspaper dispensing device shall be considered abandoned by the permittee. It is a violation of this chapter for the permittee to abandon a village-owned newspaper dispensing device. In the case of abandonment, the procedures of this section shall then be followed.
(Ord. 2013-O-012, passed 4-23-13)