§ 4.82.070. IMPOUNDING OF NEWSRACKS.

Upon the expiration of the fifteen day period after mailing notification of non-compliance to the registrant or other notification permitted pursuant to Section 4.82.060 of this chapter, and subject to the hearing and appeal procedures provided in this chapter, the Director shall cause any newsrack to be impounded:

.010 When its installation, operation or maintenance endangers the safety of persons or property; or

.020 When its installation, use or maintenance violates any of the requirements or standards set forth in this chapter.

.030 When such newsrack has been abandoned. For purposes of this Section , a newsrack shall be deemed abandoned when no new publication has been placed in such newsrack for a period of thirty-five consecutive days or when maintenance of the newsrack has not been performed to the required standards set forth in Section 4.82.060 of this chapter for a period of thirty-five consecutive days;

.040 When such newsrack does not have the required registration decal or the name, address and telephone number of the registrant affixed in a place where such information is clearly visible on the front of the newsrack as required in subsection 4.82.040.030 of this chapter, and the registrant of such newsrack cannot be otherwise identified; or

.050 When a deficiency notice tag has been attached to such newsrack and the registrant has been notified, in writing, pursuant to Section 4.82.060, and the registrant has neither caused the specified violation to be corrected nor requested a hearing pursuant to Section 4.82.110 hereof within fifteen days from the date of service of the notice of deficiency; or

.060 When a request for hearing pursuant to Section 4.82.110 of this chapter has resulted in a final determination that the violation(s) specified in the notice of noncompliance has in fact occurred, and the registrant has failed to correct such violation(s) within ten days from the date of service of written notice of determination; or

.070 When a request for a hearing after notice of deficiency has been withdrawn. Such request shall be deemed withdrawn, either by the actual withdrawal, in writing, by the registrant to fully comply with Section 4.82.110 or Section 4.82.120 of this chapter.

.080 Notwithstanding any of the foregoing, nothing shall preclude the summary abatement and impoundment of any newsrack that rests, wholly or in part, upon, in or over any public right-of-way which the Director determines to pose an imminent hazard to public health or safety unless immediately abated. Notification of such summary abatement shall be provided to the owner or registrant of such newsrack as soon as practicable but in no event later than two working days following such abatement action. Following such notification, the owner or registrant thereof may replace the summarily impounded newsrack and any damaged infrastructure thereof with one conforming to the standards established in this chapter. (Ord. 4008 § 2 (part); May 22, 1979; Ord. 5782 § 1 (part); September 25, 2001.)