Division 5 — ENFORCEMENT

In the case of minor violations of this chapter that can be corrected at the site, any city employee, as an alternative to removing the newsrack, is authorized to correct the violation summarily. The permittee will bear the cost of any such correction.

(Ord. 1101, passed 6-21-04)

(A) Upon discovering a newsrack that lacks a permit or otherwise violates this chapter, the administrator may take action to remove such a newsrack in accordance with this chapter.

(B) To initiate proceedings for removing newsracks, the administrator will cause written notice to be mailed and conspicuously posted on the newsrack. Notice must be titled in letters at least one inch in height and read substantially as follows:

Removal Hearing Notice

On , 20 , the City of Santa Paula will determine whether this Newsrack should be removed in accordance with the Santa Paula Municipal Code ("SPMC"). If the Newsrack is found to violate the SPMC and is not promptly removed by the owner, then the City may remove it and impound it at the owner's expense. If the City removes the Newsrack, all costs associated with such removal, impoundment, and storage, must be paid by the owner before the Newsrack is returned. The alleged violations consist of the following:

All persons having any objection to, or interest in, said matters should attend a hearing to be conducted by the City, to be held at on , at the hour of .m., when their testimony and evidence will be heard and given due consideration. Dated:

Administrator

(C) Mailing/posting. Notice of the hearing will be served by posting the newsrack and by registered or certified mail (postage fully prepaid) addressed to the newsrack owner. The notice must be posted on the newsrack and mailed at least ten days before the hearing date. Proof of posting and mailing will be by declaration. Failure of any person to receive the notice will not affect the validity of any set forth in this chapter.

(D) The administrator is not required to wait ten days to proceed if the intent to permanently abandon or vacate a newsrack or uniform newsrack location is confirmed in writing by the owner of such newsrack. (Ord. 1101, passed 6-21-04)

(A) The hearing must be conducted by a hearing officer selected by the administrator. At the time set for such hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether the newsrack violates this chapter. At the hearing, the hearing officer will accept reliable evidence from any person if such evidence bears on the issue of whether the newsrack violates this chapter. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Cal. Civ. Proc. Code § 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding alleged violations, the hearing officer will determine whether or not the newsrack violates this chapter and should be removed.

(B) As soon as is practicable following the close of such hearing, the hearing officer will render a decision on the matter. If the newsrack is found to violate this chapter, the hearing officer will issue an order requiring the newsrack to be removed within a reasonable time and manner as set forth in the order. The hearing officer will promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Cal. Civ. Proc. Code § 1094.6. There is no right to a City Council appeal. (Ord. 1101, passed 6-21-04)

At no cost to the city, the newsrack will comply with all of the provisions of a removal order. If the newsrack owner fails, for any reason, to comply with a removal order within the time required in the order, the administrator will cause the newsrack to be removed and impounded by city forces or by private contractor. (Ord. 1101, passed 6-21-04)

The administrator will keep an account of the costs, including incidental expenses, of removing, impounding, and storing such newsracks. Newsrack owners must pay the city all reasonable costs associated with the noticing, removal, and storage of the newsrack before regaining possession of such newsracks. (Ord. 1101, passed 6-21-04)

Notwithstanding any other provision of this chapter, whenever the administrator determines that a newsrack constitutes an immediate threat or hazard or danger to persons or property, the administrator, without observing procedures set forth in this chapter with reference to newsrack removals, will immediately cause such a newsrack to be removed in such manner as the administrator determines is reasonably required. If the administrator deems it

feasible, the administrator may attempt to give the newsrack owner verbal notice of the danger and the proposed timing and removal of the newsrack. Where such removal is ordered, the administrator will, after completing the removal of the newsrack, comply with the provisions of this chapter.

(Ord. 1101, passed 6-21-04)

The owner of any impounded newsrack who fails to obtain the release of the newsrack within 30 days after impoundment, is deemed to have abandoned the newsrack, and the newsrack may be disposed of by the administrator in the time and manner prescribed by law, for the disposal of abandoned personal property.

(Ord. 1101, passed 6-21-04)

(A) In addition to the remedies set forth in this chapter, violations of a permit may be enforced as follows:

• (1) Prosecution as infractions or misdemeanors at the City Attorney's discretion;

• (2) Abated as a public nuisance; or

(3) Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the permittee operates.

(B) The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.

(Ord. 1101, passed 6-21-04)

All fines, fees, penalties, and interest imposed pursuant to this chapter are civil debts owed to the city by the person fined. In the event that judicial action is necessary to compel payment of any debt owed to the city, the person or persons subject to the fine are also liable for the costs of suit and attorney's fees incurred by the city to collect the fine. (Ord. 1101, passed 6-21-04)