A. Removal sanctioned. The director may cause a newsrack or a modular newsrack installed or maintained in the district in violation of this chapter to be removed and impounded if it is impractical to remedy the violation otherwise. An impounded newsrack shall be retained by the city and may be recovered by the responsible party within thirty (30) days from the date of impoundment upon payment of the costs incurred by the city for maintenance, repairs, notification, seizure, removal, and storage.
B. Notification Prior to Removal. Before any newsrack or modular newsrack within the district is impounded, the person responsible for its installation and maintenance shall be notified and given five (5) calendar days to either remedy the violation, or request a hearing before the director to contest the impoundment pursuant to subsection (C) of this section. Notice shall be deemed given when in writing and mailed by First Class U.S. Mail to the address stated on the newsrack permit application or upon the newsrack, and an additional notice tag shall be affixed to the newsrack on the date of notice. The latter notice shall be sufficient when no identification is shown on the newsrack and no permit has been issued.
C. Hearing Upon Request. A person notified pursuant to subsection (B) of this section of the city's intent to remove a newsrack may request a hearing before the director by making a written request within five (5) calendar days of notification to the director.
D. When Notification Not Required. Not withstanding subsections (B) and (C) of this section, prior notice of seizure is not required where the newsrack or modular newsrack poses an immediate danger to pedestrians or vehicles, provided notice of the seizure and an opportunity to contest is given to the person responsible for the impounded newsrack within five (5) calendar days after the seizure.
E. Removal of abandoned newsracks. The director may cause the removal, impoundment, and disposal of an abandoned newsrack as defined in Section 12.61.040 if it is not claimed by the responsible party within thirty (30) calendar days of seizure.
F. Revocation of Permit. A permit for placement of a newsrack or a modular newsrack within the district may be revoked by the director for failure to adequately secure, identify, maintain, refurbish, paint, remove a newsrack or modular newsrack as required by this chapter if any provision of this chapter is violated. Notice of revocation and an opportunity to contest the determination shall be provided pursuant to subsections (B), (C) and (D) of this section. (Ord. 2004-14 (part), 2004)