A. In the event any newspaper dispensing device is placed or remains within any public right of way, street, thoroughfare, parkway, sidewalk or other village property without a permit being issued for the newspaper dispensing device, or after the expiration or revocation of a previously issued permit, or in violation of any other provision of this chapter, the village shall send, by certified mail, with return receipt requested, a written notice to the address of the owner or user of the newspaper dispensing device. The notice shall state the address and telephone number of the village; a description of why the newspaper dispensing device is in violation of the requirements of this chapter; that the owner or user is ordered to cause immediate removal of the newspaper dispensing device from public property; and that the newspaper dispensing device will be removed by the village after a date designated in the notice. The date shall be no less than ten (10) calendar days after the date the notice is mailed; unless the owner or user requests a hearing before the village board by filing a written appeal with the village manager pursuant to subsection 8-4-7B of this chapter on or before the designated removal date.
B. If any newspaper dispensing device is still on public property after the ten (10) calendar day period described above, or if an appeal is filed and denied after hearing before the village board, the newspaper dispensing device shall be removed by the village.
C. The owner of any newspaper dispensing device removed in accordance with the terms of this chapter shall be responsible for all the expenses of the removal and storage of such newspaper dispensing device. Should the newspaper dispensing device fail to be claimed or should the owners fail to pay any money due the village, after six (6) months, such newspaper dispensing device shall be disposed of according to law.
D. If a newspaper dispensing device is unused for a period of more than thirty (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 owner or permittee. It is a violation of this chapter for the owner or permittee to abandon a newspaper dispensing device. In the case of abandonment, the removal procedures of this section shall then be followed. (Ord. 05-2341, 3-21-2005, eff. 6-1-2005)