§ 97.33. Enforcement.

(a)

Upon determination by the public works director that a newsrack has been installed, used or maintained in violation of the provisions of this subchapter, an order to correct the offending conditions shall be issued to the owner and publisher whose name, address and telephone number is affixed to the offending newsrack as required by this subchapter. Such order shall be mailed by regular mail and shall specifically describe the offending condition and suggest action necessary to correct the condition. The order shall contain the results and data collected from any pedestrian and vehicular traffic study that may have been performed to ascertain the offending condition. In addition, a copy of the order shall be posted on the offending newsrack.

(b)

Failure to properly correct the offending condition within ten business days after the mailing or posting date of the order, whichever is later, shall result in the offending newsrack being removed by the city. Any newsrack removed hereunder shall be stored at the distributor's expense for a period of 30 days. The newsrack shall be released to the distributor upon proper showing of ownership and payment of all removal and storage charges. In the event the newsrack is not claimed within the 30-day period, the newsrack shall be sold at the next public auction and the proceeds paid shall be applied first to storage charges and then paid to the general revenue of the city.

(c)

In the event the distributor of the newsrack appeals the order to correct the offending condition, then removal of the newsrack shall be stayed pending final disposition of the appeal.

(d)

Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions hereof may appeal to the city manager, or his designee. An appeal must be perfected within ten days after the mailing or posting dates, whichever is later, of the order by delivering to the office of the city clerk a letter of appeal briefly stating therein the basis for the appeal. A hearing shall be held on a date no more than 30 days after receipt of the letter of appeal. The distributor shall be given at least seven days' notice of the time and place of the hearing. The distributor shall be given a reasonable opportunity to be heard. At the conclusion of the hearing the city manager, or his designee, shall make a conclusive determination. The determination shall be reduced to writing and signed by the city manager, or his designee, and filed in the office of the city clerk within ten days of the hearing and a copy shall be sent to the distributor. The decision of the city manager or his designee shall be effective when filed with the city clerk.

(Ord. 93-31, passed 9-13-93)

APPENDIX A
Typical Sod Layout for New Residential Construction