§ 9-58. Correction of violations.

(a)

Upon a determination by the Village Manager that a Newsrack has been installed, used or maintained in violation of this article, an order to correct the offending condition will be issued to the Distributor of the Newsrack. Such orders shall be immediately telephoned to the Distributor and confirmed by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition and state actions necessary to correct the condition. Upon failure to properly correct the offending condition within ten days after receipt or to challenge the order within five days after receipt by requesting a hearing before the Village Council at its next regularly scheduled meeting, or upon the determination by the Village Council following a public hearing that the Newsrack is being installed, used or maintained in violation of this article, the offending Newsrack shall be removed and processed as abandoned property. Such racks shall be deemed abandoned if not claimed within 45 days after removal and storage.

(b)

The Distributor of the Newsrack shall be charged a cost of removal fee of $50.00 for each Newsrack in violation of this article so removed. The fee shall be paid prior to the return of the Newsrack.

(c)

No Newsrack which is removed under this section shall again be installed, used or maintained in the Village unless the offending condition in violation of this article is corrected.

(d)

If the location or condition of a Newsrack constitutes an imminent and serious danger to the public, the offending Newsrack may be immediately removed and notice promptly provided thereafter in accordance with this section. If it is determined by the Village Manager or by the Village Council, upon request for public hearing, that such removal was unnecessary, the Newsrack shall be immediately returned to the Distributor and no fee shall be charged by the Village.

(Code 1974, § 15A-6; Ord. No. 449, § 1, 4-18-00)