§ 78-250. Notice of violation; hearing.

(a)

With respect to any newsrack which has been abandoned, or does not comply with the requirements of this article, the city may issue a written notice of violation and an order to correct the violation. The notice shall be directed to the owner of the newsrack as listed thereon, by certified mail with return receipt requested, and shall include the following information:

(1)

The date of the notice and a specific description of the violation;

(2)

An order that the owner must correct the violation, or remove the newsrack from the public right-of-way and make any necessary restoration or repair of the public right-of-way, within seven days after receipt of the notice;

(3)

The procedure for the owner to dispute the notice of violation; and,

(4)

The legal consequences of a failure to correct or dispute the violation in a timely manner.

(b)

Within seven days after receipt of the notice, the newsrack owner shall:

(1)

Take all necessary measures to correct the violation by the performance of required maintenance, repair or otherwise;

(2)

Remove the newsrack and make any necessary restoration or repair of the public right-of-way; or

(3)

If the owner wishes to dispute the violation, the owner shall give written notice to the code compliance manager, including a statement of the reasons the owner believes the newsrack was not in violation.

(c)

Upon the owner's failure to correct the violation or give notice to the code compliance manager within the time period and in the manner provided in this subsection, the city may cause the newsrack to be removed from the public right-of-way.

(d)

Within 20 days following receipt of a written notice to dispute the violation, the special magistrate shall conduct an administrative hearing to determine if the newsrack is in violation of this division, unless the parties mutually agree to an extension of this time period. The parties shall be given reasonable advance written notice of the date, time and place of the hearing, and a reasonable opportunity to participate in the hearing. Testimony at the hearing shall be given under oath.

(e)

Within five days following a hearing, the special magistrate shall either affirm or rescind the notice of violation, and cause written notice of the decision and specific findings of fact to be served upon the parties. The decision of the special magistrate may be appealed to the circuit court of the county within 30 days following the date the decision was issued. If the notice of violation is affirmed, the decision shall include an order to correct the violation within 30 days following the date of the decision, and specify what actions would be necessary to correct the violation. Upon the owner's failure to comply with such an order in a timely manner, the city may cause the owner's newsrack to be removed from the public right-of-way; provided, however, that it the owner files a timely petition for judicial review, then removal of the newsrack shall be stayed pending final disposition of the judicial proceedings.

(f)

The procedures provided by this section are supplemental to those of chapter 26 of the Code, and do not affect the right of the city to initiate enforcement proceedings under that section for any violation of this division. Each day a newsrack remains abandoned or not in compliance with this division shall constitute a separate violation.

(Ord. No. 3964-06, § 1, 10-23-2006)