§ 5.56.050. Penalties for offenses.

A.

If any distributor violates any provision of this chapter it shall be the duty of the chief of police or his or her designee to determine whether or not such a violation has occurred and thereafter to notify the distributor to correct the violation within three days thereafter. Such notification and direction shall be in writing. It shall specify the nature of the violation and whether or not it warrants removal of the newsrack if not corrected within three days, and it shall direct correction. It shall be served upon the distributor in the same manner as a summons, or it shall be telephoned to the distributor at the telephone number designated by the distributor as provided in Section 5.56.030(C)(3)(k) and confirmed in a written notice, mailed by certified mail with return receipt requested to the address designated by the distributor as provided in Section 5.56.030(C)(3)(k). During such three-day period, the distributor shall have a right to a hearing before the chief of police or his or her duly designated representative to determine whether or not such violation has occurred and whether or not the nature of such claimed violation warrants removal prior to final determination. At such hearing the distributor shall have the right to examine the evidence upon which the chief of police acted, to cross-examine any witnesses who may have appeared before him and to offer any evidence which may tend to show that the subject newsrack does not violate any provisions of this chapter and that the claimed violation is not of a nature which warrants removal prior to final determination. The hearing officer shall promptly review such evidence, notify the distributor of his or her decision with respect thereto, and if necessary, afford the distributor a reasonable opportunity to comply with such determination. If the violation is not corrected within such three-day period or such further reasonable period as may be contained in a superseding notice by the chief of police, the department of public works shall be directed by the chief of police to remove such newsrack and place it in storage in a secure place. The cost of removal and storage shall be billed to the distributor, and in the event of nonpayment, a civil suit for money damages may be brought by the city council. If such newsrack is not claimed within thirty days, it shall be treated as abandoned property and disposed of as provided by law.

B.

Any distributor who, having been notified and directed as provided in this section to correct a violation of the provisions of this chapter, fails to correct such violation as provided in such notice, shall be subject to punishment as provided in this revision.

C.

Any distributor or other person aggrieved by a finding, determination, notice or action taken under the provisions of this subsection may appeal to the city council. An appeal shall be made in writing, and it must be filed within three days after the receipt of written notice of any protested decision or action with the office of the city clerk by a letter of appeal briefly stating therein the basis for such letter. The appellant shall be given at least five days' notice of the time and place of the hearing. The city council shall give the appellant or any other interested person a reasonable opportunity to be heard in order to show cause why the determination or action appealed from should not be upheld. The city council shall make a final determination at the conclusion of the hearing or as soon thereafter as is practicable. In the event that a distributor is successful in reversing a determination that the claimed violation was of a nature which warranted removal pending a final determination, no fee shall be imposed for the removal and storage of the newsrack which was the subject of the appeal, and failure to comply with such determination shall not serve as a basis for prosecution under subsection B of this section.

D.

Nothing contained in this chapter shall be interpreted to limit or impair the exercise by the city of its police power in the event of any emergency to remove any newsrack which presents a clear and present danger of imminent personal injury or property damage to users of the public streets of this city.

(C.O.83-369 § 1 (part))