§ 12.50.150. Abatement of violation of newsrack code.

A.

Order to Abate. When the Chief of Building Services, or his or her designee, finds that a newsrack has contributed substantially to any of the conditions outlined in sections 12.50.020 or 12.50.110, in violation of this chapter, he or she, or his or her designee, may declare and deem the violation of a public nuisance and issue an order to abate. A notice of abatement shall be given in writing and sent to the address stated on the newsrack permit application (if a permit has been issued) or shown upon the newsrack itself. An additional notice tag shall be affixed to the newsrack on the date of notice. The latter method of notification shall be sufficient when no identification is shown on the newsrack and no permit has been issued. The person responsible for its installation and maintenance shall be notified and given seven days to remedy the violation. Service of said notice may be made by enclosing the same in a sealed envelope, addressed to the permittee or publication if the newsrack is unpermitted, postage prepaid, registered or certified mail, return receipt requested, and depositing same in the United States mail. Service shall be deemed complete at the time of deposit in the United States mail.

If the cited condition(s) are not abated within seven days, the Chief of Building Services, or a designee, may assess penalties as stated in this section below and at his/her discretion seize the newsrack or newsracks in violation of this chapter.

The notice of abatement shall contain the following:

1.

The street address of location and a legal description of the property sufficient for identification of the location upon which the nuisance location(s) is located;

2.

A statement that the enforcement official has determined pursuant to this chapter that the permit holder and/or publication of the subject newsrack(s) are in violation of this chapter;

3.

A statement specifying the condition that has been deemed a public nuisance;

4.

A statement ordering the permittee and/or publication that uses the subject newsrack(s) to abate the condition(s), specifying the manner in which the same shall be abated, and the period within which such abatement shall be accomplished;

5.

A statement specifying that if the cited condition(s) are not abated within seven days, the Chief of Building Services, or a designee, may assess penalties as stated in this section below and at his/her discretion seize the newsrack or newsracks in violation of this chapter.

B.

Removal Sanctioned. The Chief of Building Services may cause a newsrack or a newsrack assembly installed or maintained in the public sidewalk area in violation of this chapter to be seized and removed if it is impractical to remedy the violation otherwise. A seized newsrack or newsrack assembly shall be retained by the city and may be recovered by the responsible party(ies) within thirty (30) days from date of seizure upon payment of the costs incurred by the city for maintenance, repairs, notification, seizure, removal and storage as specified in section 12.50.160.

C.

Notification Prior to Removal. Before any newsrack or newsrack assembly is seized, the person responsible for its installation and maintenance shall be notified and given seven days to either remedy the violation, or request a hearing before the Chief of Building Services to contest the seizure pursuant to subsection D of this section. Notice shall be given in writing and sent to the address stated on the news-rack permit application (if a permit has been issued) or shown upon the newsrack itself. An additional notice tag shall be affixed to the newsrack on the date of notice. The latter method of notification shall be sufficient when no identification is shown on the newsrack and no permit has been issued.

D.

Hearing Upon Request. A person notified pursuant to subsection B of this section of the city's intent to remove a newsrack or newsrack assembly may request a hearing before the Chief of Building Services by making a written request within fourteen (14) days of notification of removal. The hearing shall be provided as specified in section 12.50.080 of this Chapter.

E.

When Notification Not Required. Notwithstanding subsections A, B, C and D of this section, prior notice of seizure is not required where the newsrack or newsrack assembly 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 seized newsrack within seven (7) days after the seizure.

F.

Removal of Abandoned Newsracks. The Chief of Building Services may cause the removal and/or disposal of an abandoned newsrack as defined in Section 12.50.040 if it is not claimed by the responsible party within thirty (30) days.

G.

Restoration of Right-of-Way After Removal. Upon the removal of a newsrack, the public right-of-way shall be returned to its original condition by the permittee, or publication if a permit has not been issued, including but not limited to the refilling of holes installed for purposes of securing newracks.

H.

Revocation of Permit. A permit for placement of a newsrack or newsrack assembly in areas designated by the Chief of Building Services to require modular newsracks may be revoked by the Chief of Building Services for failure to adequately secure, identify, maintain, refurbish, paint, or remove a newsrack or newsrack assembly as required by this Article if any provision of this Article 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. 12821 § 3 (part), 2007: Ord. 12004 § 2(part), 1997)