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(A) Except as provided in divisions (C) and (D) of this section, the Superintendent may remove and store at the owner's expense any newsrack that remains in violation for more than 30 days after the date for compliance specified in § 94.04 provided that the Superintendent shall give written notice of removal to the owner stating the date the newsrack was removed, the reasons for removal, the storage location, and the procedure for claiming the machine. Newsracks removed pursuant to this chapter may be retrieved by the owner at any time within 30 days of its removal upon payment of a removal fee and storage fee as set by the Town Manager.
(B) Except as provided in division (C) and (D) of this section, the owner of any newsrack may avoid removal of the newsrack by:
(1) Correcting the violation and so information the Superintendent; or
(2) By making a written request for a hearing on the violation before the Superintendent prior to the date set for compliance in which case the newsrack may remain in place pending the Superintendent's decision on the matter. Said hearing shall be held no later than 10 days after receipt of a written request for a hearing and a decision shall be rendered within 10 days thereafter.
(C) Notwithstanding any other provisions of this chapter, if the Superintendent or a public safety official determines that a newsrack constitutes an imminent danger of harm to persons or property, the Superintendent or a public safety official may remove the newsrack provided that the owner of the newsrack shall be notified of such removal and provided that the newsrack shall be stored for a reasonable period of time so that the owner can retrieve it.
(D) If maintenance, repair, or construction of a public way, sidewalk or public or private property in or adjacent to the public way cannot be safely accomplished, in the opinion of the Superintendent, without the removal of a newsrack, the Superintendent shall give written and/or telephone notice to the newsracks's owner ordering the removal of the newsrack provided that said notice shall specify the reason for the removal and the date for compliance which shall not be less than 10 days after the date of notice. If the Superintendent determines that delay would cause an unreasonable risk of harm to persons or property or would cause a delay in the maintenance, repair or construction work, the Superintendent may remove the newsrack, provided that the owner of the newsrack shall be notified of the removal; that the newsrack shall be stored for a reasonable period of time so that the owner can retrieve it and further provided that the owner may replace the newsrack when said maintenance, repair or construction is completed.
(E) The Superintendent, with the approval of the Town Manager, is authorized to establish fees for the removal and storage of newsracks that are removed at the direction of the Superintendent or public safety officials in accordance with the provisions of this chapter provided that said fees do not exceed the actual cost of removal and storage.
(F) If a newsrack remains unclaimed for more than 60 days after notice of removal is sent to the owner or for more than 60 days after the newsrack is removed if the owner is unknown, then possession of the newsrack shall be transferred to the Watertown Police Department and the newsrack shall be disposed of as unclaimed property in accordance with law.
(Ord. 71, passed 10-27-1998; Am. Ord. 73, passed 10-9-2001)