§ 18-58. Violations.

(a) Upon determination by the Supervisor of code enforcement that a newsrack receptacle has been installed, used or maintained in violation of this article, a notice to correct the offending condition shall be issued to the distributor utilizing the newsrack. Such notice shall be affixed to the newsrack receptacle and a copy thereof shall be mailed by certified mail, return receipt requested to the distributor at the address noted on the newsrack receptacle. The notice shall specifically describe the offending condition, suggest actions necessary to correct the condition and inform the distributor of the right to appeal.

(b)  Failure to properly correct the offending condition within five days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the notice or to appeal the notice of violation within three days after its receipt shall result in the removal of the contents of the offending newsrack. The contents will then be processed as abandoned property.

(c) If the offending newsrack receptacle is not properly identified as to owner under the provisions of this article, its contents shall be removed immediately and processed as abandoned property.

(d) An impound fee, which shall be measured by the city's cost and expense of impounding, shall be assessed against each newsrack receptacle from which the contents are summarily removed.

(Ord. No. 2017-01, § 3, 02-07-2017)