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5701-94 ORDINANCE NO, 5701-94 AN ORDINANCE' OF THE CITY OF CL EARWATER , FLORIDA, RELATING TO NE SR.ACKS AND ,VENDING MACHINES ON PUBLIC RIGHTS-OF-WAY AND ON PUBLIC AND R.VATE 6ROPERTY WITHIN THE CITY; AMENDING SECTION 28. 10, COPE OF ORDINAN, ,Elis; PROVIDING FOR PRE-REMOVAL AND POST-REMOVAL NOTICES AND HEARING$, AND FOR SUMMARY REMOVAL OF NEWSRACKS AND VENDING MACHINES 'UNDER CERTAIN 'CIRCUMSTANCES PROVIDING AN EFFECTIVE DATA. BE 1, 'ORDAINED BY THE CITY COMMISSION OF THE CITY OF CL AR fAIrE__R, FLORIDA: Section I .. ;Subsections 2) and 5) of Section 28. 10, Code of Ordl'inances , as created by Ordinance 5482-93, are amended to read: Sec. 28.10. 1 NeWsI racks and Vending Machines. 2) Newsracks on public and private property. Newsracks installed on public and private property shall comply with the requirements of this subsection. In addition, newsracks installed oi� public rights-of-way sHalil comply with the requirements of subsection (3)`. , I t Ia e so ,c) �aqh ne��.>r�ack shall have affixed to it �n a reads ly v�s�b fe Ip c as to be seen' b persons using the newsrack: 1 . The =fie 1 Es ;hone number of a working telephone service to call to report a malfunction of the newsrack , or- to secure a refund in the eve t of a malfunction of the coin-return mechanism, ot i ce grev i de d for in this section; and 2. The name and address of the distributor. 5 pp Enforcement; removal . t ) (a) Upon determination by the city manager that a newsrack or vending machine has been installed , used, or maintained in violatio,i of the pr'ovisi'ons of this section, the distributor shall be notified by telephone that a Viol atlion has beers_ obsery e d and shall be given an opportunity to correct the v�� i c l at i on __+ n n$4 r rt- . 4—1 ,+m . ry �nn le $ av e In addition , a cony of a written notice of violation shall be 222ted qn the newsrack or vending machine. (b) A not ve of violation - ae shall specifically describe the nature of the violation; and shall specify a reasonable which C'�"1 corrective action J- 9I.. +' a �i.a�i br., I.aIK.L 9�. " r y . � 1 A written notice of violation (shall ikludie the date and tine w Issued and posted on the newsrack or vendjn _ �ncl3_aWhea jcj The distributor may request an informal 'hearinq pertaining) to the vi'olation.. Any s sc request shall be rude by telephone or in 9wr tin to myna ci't rr#anacer ojithin the Lime s ecified in the notice for corrective action to be taken. An°y_�uc re:%a_st shall staff the time c�t curs t� violation until the hearing has been` c_onducted, the issues raised durin the hearin have been decided, and the decision has M'been communicated to the distributor oral the conclusion of the hearin �; b tele hone or in `writin . Notice oft the datp Time and Place of the hea.ring slial'l be communicated by telephone or in writin to the distributor. The hearinq shah be conducted by the citv man �r 'or by,- city employee authorized by the city manager to 'conduct the hearin one decide the appeal , and the decision shall be deemed final . If the decision is to u hold the determination that a violation exists , the decision anal ) inclade the specification of a reasonable time after notification to the distributor of decision in which corrective action shall be taken. d In the event the violation is not cured within the time al l6wed for corrective action to be taken, the city manager I may remove the newsrack or vendintt machine and shall c�iPe notice to the distrib°utor, by telephoner and 'ir9'in writing, of its removal ." The notice shall describe the newsrack' or vendin machine the location from which the newsrack or vending machine was remowe_, the address of the 'locat.ron where the newsrack or vendinp machine is being .stored an exy l anat'i on of the procedures by which the distributor may obtain a re l ease of the newsrack or V endina machine and the charges to be paid as grescr bbedin this section for ;the expenses< of removal and storage. The city- manager may prosecute` any violation of this secitior in county court, throu_gh the code enforcement board or as otherwise permitter d by Taw. 4-4 If' a newsrack or vending machine is found to have been instalie used or maintained t a location which constitutes an imminent danger or saf,-t)L hazard t4w- to pedestrians or vehicles e "-mot# ors„- or otherwise unreasonably interferes with the safe use of any public right-cif-way, the cite manager may surnar ii 3 remove the newsrack or vending machine rsp � -i After e4+ removal , -the city manager shall e notice to the distributor', by teleb hone'and 'in wr tino , of its removal . 4e44*e-- nn-i- f n,mtt., n -a i n r�r � r-i•v+41, nr1 n e` r� cr--c rrcr i n the l e a s The notice shall describe the newsrack or vending machine, the location from which the newsrack or vending machine was removed, the address of the location where the ;newsrack or vending machine is beingistored, an explanation of the procedures by which the distributor - l r eF, a5 r� -ia may obtain a release of the newsrack or vending machine�;and the chances to be paid a_s-prescribed in this section for the expenses of removal and stora e. The notice shall also-Inform the distributor that the distributor has a ;'riQ t to an informiial 000st-removal hearinq before the city manager and shall, explain the procedure for requesting such a hearing. The distributor' may reguest an informal=hear i na bi. toe none or in writing to the city manager not later than seven calendar days `after notice of removal: by-telephone. ' Notice of the date, time and place of this hearjnQ shall be communicated by telephone or in wr-iting L o the nL4"ributor. -_`he hearing shall be conducted by the city manager.or by a city eglplpk&ej- authorized by the city rxanaq'er to conduct the hearing and decide the awl d' and the d cis on shall be deemed final if the decision is to upholu the rer.ova1 on the basis that 'the newsrack or vending Machine was installed , used f}Y" maintained a t a lnu, tl^n wh cis % nUt'itGt;d dpi i131111a+iewil Flinger or sa el; ;a and eciestr ians cr vehicles or otherwise unrea'sonabIy interfered with the fie use o� dub! is rim' o�E -way, the distributor may reclaim the newsrack or vending machine as 2rovided in subsection (o). However, if the decision is tlhat the facts and circumstances did net ius;�ifs the redioy��L the city r anaoe r l] return the newsrack or vending mach ire--_' ti hoot h_ urges for removal er sto ra. ee.. (f As are excec.tion to subsection (e) F if a newsrack or vendin ne reasonably annars to' have eel aced at an hazardous locat�'on a n are Of randalism. such as �'�ut no I invited tog newsrack or vending machine whichch is found in a I cross a w ,sidewalk , the newsrack or ven i_n , achi shall not be summar i l L r woven f the newsrack or vendi nq such i ne may be mo ec not more than 501 feeryt to a safe =ocation. In such instances a pre-removal notice shall be diveir to the distributor, as provided in sobsectio6 `(a) whether, the newsrack or vie nr ii)2 machine is moved to a safe location or not. Nothing in this subsection shall be deemed as creatino an obligation on the of the cit or any of its offIders or employees to relocate a newsrack or ' vending machine under any circdmsta,n+ces. _ A :newsrack or vending machine removed hereunder shall be stored in a secure location for a period not to exceed 30 days. The newsrack or wending machine shall bi� released to the distributor or newspaper, publisher, as appropriate', upon aj p=roper showing of ownership and payment of storage (charges to the ;central permitting department at the rate of $100.00 for the 'first (day and $1040 for each` ;adpitional day. If the newsrack or , vending machinelis not claimed within the 3Q-day period, the newsrack or vending machine shall be deemed abandoned and shall become property of the city, and may thereafter $old at public; auction. ' At least ten days prior to the auction, the city clerk shall publish a description of the newsrack or vending machine, the location from which it was removed and a notice of the auction in a newspaper of. general circulation %within Pinellas County, and shall provide the distributor, if known, with written n©tif icatio'n of the 'auction by certified mail , return receipt requeste The proceeds of the s,a e shall be 'applied first to storage charges and thenlpaid to the general fund :ofl the city. Section 2: ` Tanis ordinance shall take effect 30`days after upon adloption. PASSED ON FIRST READING October 17, 1994 PASSED ON SECIOND AND FINAL READING AND ADOPTED November 3, 1194 Rita Garvey Mayor-Commissioner Approved as to form and Attest. legal sufficiency; AIZ. Zimme. Cyn is E. Goudeau Interim City f1 tor�n��y. City�Clerk 3 _ �