§ 25-196. Enforcement.

(a)

Upon determination by a code enforcement officer that a movable fixture or newsrack has been installed on a sidewalk, public pedestrian path or other public property in violation of this article, a notice to correct the violation shall be issued to the responsible entity. Newsracks which are considered abandoned will be posted as such. Any newsrack identified as abandoned shall be posted as such for a seven (7) working day period. If the abandonment has not been remedied, the newsrack shall be removed and disposed of in any manner provided for herein.

(b)

The notice to correct violations shall specifically describe the violation and may suggest actions necessary to cure the violation. The notice of violation shall be mailed by certified mail with return receipt requested to the publishing entity.

(c)

Failure to correct any violation of this article within fifteen (15) days of the receipt of the notice or within ten (10) days of the receipt of notice for graffiti, or within seven (7) days of the posting of any abandoned newsrack shall result in the offending movable fixture or newsrack being removed by the city. Any movable fixture or newsrack removed by the city thereunder shall be stored at the publishing entity's expense for a period of thirty (30) days. The movable fixture or newsrack shall be released upon a proper showing of ownership and payment of removal, administrative and storage charges. The removal and administrative charge is seventy-five dollars ($75.00) and the storage charge is three dollars ($3.00) per day. In the event the movable fixture or newsrack is not claimed within the thirty-day period, the city may dispose of the movable fixture or newsrack.

(d)

In the event that the responsible entity appeals the notice to correct violation within the time period specified for compliance in the notice given by the city, then removal of the offending fixture or newsrack shall be stayed pending final disposition of the appeal.

(e)

In the event that the responsible entity appeals the notice to correct a violation of the placement of an otherwise adequately maintained newsrack or moveable fixture either during the time period specified for compliance by this section or during the thirty-day storage period, final disposition of the fixture or newsrack shall be stayed pending final disposition of the appeal.

(f)

Within two hundred forty (240) days after this section becomes effective and at the time thereafter, any newsrack or moveable fixture in violation of any provision of this chapter shall be subject to the remedies afforded and due process under this article.

(Ord. No. C-97-27, § 1, 7-15-97; Ord. No. C-07-112, § 7, 1-8-08 ; Ord. No. C-09-19, § 2, 7-7-09 )