13.06.090 Abatement of violations.
A. A shared structure and/or newsrack in violation of this chapter may be removed by the city subject to the provisions of this section.
B. Notice of Removal. Except as otherwise provided in this section, before a shared structure and/or newsrack is removed, the city shall notify the distributor(s) by written notice sent to the distributor’s last known address and posted on the shared structure and/or newsrack providing ten business days to remedy the violation. If no identification is shown on the shared structure and/or newsrack and no permit has been issued, posting of the notice on the shared structure and/or newsrack alone shall be sufficient. Both forms of notice shall provide information necessary to request a hearing as provided in Section 13.06.120 to contest the notice of removal of the shared structure and/or newsrack.
C. Immediate Removal. A shared structure and/or newsrack in violation of this chapter may be removed or relocated immediately and without such prior notice if the violation poses a significant danger to pedestrians or vehicles. The city will make a good faith effort to promptly notify the distributor of such removal or relocation.
D. The city may remove a shared structure and/or newsrack from public property or the public right-of-way if:
1. The distributor responsible for such shared structure and/or newsrack has neither requested a hearing before the city manager nor remedied the violation within ten business days following the date of notice; or
2. Following a hearing to contest removal, the distributor responsible for such shared structure and/or newsrack fails to remedy the violation or to appeal the decision within ten business days after receiving notice of the city manager’s decision finding a violation and ordering removal.
E. Abandoned Shared Structure and/or Newsracks. Any shared structure and/or newsrack which has been left empty for a period of thirty days shall be deemed abandoned, except a newsrack remaining empty due to a labor strike or other extraordinary interruption of distribution of the publication distributed from that shared structure and/or newsrack. The city may remove an abandoned shared structure and/or newsrack from public property or a public right-of-way pursuant to the provisions described in Section 13.06.090(B).
F. Shared structures and/or newsracks removed by the city shall be retained by the city for thirty days, subject to recovery by the distributor or other person evidencing ownership. Shared structures and/or newsracks which are not claimed by the distributor or rightful owner within thirty days following removal shall be deemed permanently abandoned and may be disposed of by the city.
(Ord. 2197 NCS §1 (part), 2004.)