16.40.150 Summary removal of dangerous newsracks by City--Post-removal notice--Appeal--Decision--Storage/return/disposal of newsracks.
The City may summarily remove newsracks which endanger the safety of persons, property, pedestrian or vehicular traffic, unreasonably interfere with or impede the flow of pedestrian or vehicular traffic, ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or interfere with the use of traffic signs or signals, hydrants, call boxes or mail boxes. Such removal may be done without prior notice to the owner, and the owner may be charged all reasonable costs of removal, as well as the cost of subsequent storage.
A. Notice--Contents. In cases of summary removal, the City shall provide written notice to the owner within five working days of the removal. Said notice shall conform, to the extent applicable, to the requirements of Section 16.40.140, and must additionally afford the owner an opportunity to apply for reinstallation of the newsrack in conformance with this chapter, and demand payment of the reasonable cost of removing the newsrack, including a daily rate for post-removal storage.
B. Appeal. Within ten days of the mailing of a notice under this section, the owner may appeal the City’s action. Within fifteen days after receiving an appeal, the City shall render a written decision based exclusively on the requirements of this chapter, and may affirm, reverse or modify the decision or action being appealed. Such decision shall address whether and to what extent the violation(s) asserted in the notice were present, the disposition of any newsrack which is held in storage by the City, and the amount of any costs that may be recovered from the owner of the newsrack.
C. Return of Newsracks. Newsracks which are summarily removed under this section, or which are removed under Section 16.40.120D, shall be stored by the City in a safe location, and shall be returned to the owner if a request and payment for the cost of removal and storage are made within fifteen days of removal or a decision on appeal, whichever is later; provided that if the City determines that the removal was in error the owner shall not be charged. Newsracks which are not returned as provided by this section may be disposed of or destroyed. (Ord. 6326-NS § 1 (part), 1996)