§ 78-251. Impoundment and other enforcement action.

(a)

Notwithstanding any other provision of the Code, the city may cause to be removed from the public right-of-way, without prior notice to the owner, a newsrack which:

(1)

Presents a clear and present danger to the public, or substantially impedes the use of the public right-of-way by pedestrians;

(2)

Does not bear the name and address of the owner; or

(3)

Is an individual newsrack located in the city limits.

(b)

Nothing herein shall impair the right of the city, acting through its authorized employees or agents, immediately and without notice, to place a fallen individual newsrack in its upright position, or to move such a newsrack that has had its position disturbed to its original and proper location.

(c)

Within 48 hours after a newsrack has been impounded under this section or section 19-71 of the Code, the city shall give written notice of the impoundment to the owner, using the name and address listed thereon. If there is no name, address or telephone number listed on the newsrack, then the city shall make a reasonable effort to determine the owner, for the purpose of notifying such person of the impoundment. The notice shall inform such person of the procedure to claim the impounded newsrack, including the administrative cost of impoundment and storage, if any, the time within which the newsrack must be claimed, and the legal consequences of failure to claim the newsrack in a timely manner.

(d)

The administrative costs to the owner of a newsrack that has been impounded are an impoundment fee of $10.00 for each individual newsrack and $40.00 for each modular newsrack, a storage fee of $2.00 per day for each individual newsrack and $8.00 per day for each modular newsrack, and the actual cost of any necessary restoration or repair of the public right-of-way. The fees provided by this subsection shall be paid to the city prior to the return of the newsrack to the owner. For each subsequent violation these impoundment fees shall double.

(e)

No sooner than 30 days after the date of notice of impoundment, or 30 days after the date of impoundment if there is no notice of impoundment, the city may dispose of any impounded and unclaimed newsrack under the procedures established by statute and ordinance for the disposal of property.

(Ord. No. 3964-06, § 1, 10-23-2006)