Chapter 12.08
HIGHWAY PERMITS
Sections:
12.08.010 County Code provisions adopted by reference.
12.08.010 County Code provisions adopted by reference.
(A) Except as provided in this chapter, the highway permit ordinance of the County of Los Angeles, as set forth in Title 16, Division 1 of the Los Angeles County Code, as amended by Los Angeles County Ordinance No. 88-0056 and in effect on April 26, 1988, is adopted by reference and shall become the highway permit ordinance of the City of Palmdale.
(B) One copy of the County highway permit ordinance shall be kept at all times in the office of the City Clerk for public inspection. (Ord. 809 § 3, 1989)
12.08.020 Definitions.
Whenever any of the following names or terms are used in the County highway permit ordinance, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) “Board of Supervisors” means the City Council.
(B) “Commissioner” means the Director of Public Works of the City of Palmdale.
(C) “County” or “County of Los Angeles” or “unincorporated territory of Los Angeles County” means the City of Palmdale. (Ord. 809 § 3, 1989)
12.08.030 Chapter 16.24 of highway permit ordinance amended – Special provisions for newspaper dispensing devices.
Chapter 16.24 of the highway permit ordinance is amended in its entirety to read as follows:
Chapter 16.24
SPECIAL PROVISIONS FOR NEWSPAPER DISPENSING DEVICES
16.24.010 Purposes.
The purpose of this chapter is to promote the public health, welfare and safety by regulating the placement, appearance, maintenance and insuring of newspaper dispensing devices on public rights-of-way so as to:
A. Reduce or eliminate the exposure of the City to claims for personal injury and property damage attributable to the unregulated encroachment of newspaper dispensing devices onto freely accessible public property;
B. Eliminate newspaper dispensing devices that create visual blight on the public rights-of-way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping, or other improvements by increasing the uniformity of the newspaper dispensing devices in their size, shape, style and color;
C. Maintain and protect the values of properties adjacent to newspaper dispensing devices;
D. Provide for the safety and convenience of pedestrian and vehicular traffic by restricting unreasonable interference with the flow of such traffic, including interference with ingress into or egress from any residence or place of business, or with access from the street to the sidewalk by persons exiting or entering parked or standing vehicles;
E. Provide for the elimination of newspaper dispensing devices that may confuse or unreasonably interfere with the flow and direction of traffic by eliminating colors or shapes that are typically used for roadway danger or directional information, such as, but not limited to, triangular or octagonal boxes, or colors such as so-called “day-glow” colors or red, yellow or orange colors;
F. Assure sufficient space for unencumbered use of the public right-of-way, particularly sidewalks, by handicapped persons and others, consistent with regulations in the State Building Code;
G. Provide reasonable access for the use and maintenance of poles, posts, traffic signs and signals, hydrants, mailboxes and locations utilized for public transportation purposes;
H. Promote homeland security by ensuring that newspaper dispensing devices are located a reasonable distance from entrances to essential public facilities to reduce the likelihood that an explosive hidden in such a device would cause catastrophic damage; and
I. Regulate newspaper dispensing devices in accordance with constitutional guarantees of freedom of speech and freedom of the press for newspapers and periodicals using dispensing devices for distribution purposes on public rights-of-way.
16.24.020 Definitions.
As used in this chapter, unless the context otherwise clearly indicates, each of the following words or terms shall have the meaning ascribed to it in this section:
A. “ADA ramp” means a ramp installed pursuant to the Americans with Disabilities Act to provide access for persons in wheelchairs.
B. “Block” means one side of a street between two consecutive intersecting streets.
C. “Director” means the Director of Public Works of the City or his or her designated representative.
D. “Entry monument sign” means a monument sign stating the name of a residential subdivision or neighborhood.
E. “Essential public facility” means Palmdale City Hall, each police/sheriff station or substation, each fire station and each hospital.
F. “Newspaper dispensing device” means any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display, sale or distribution of newspapers or other publications.
G. “Parkway” means that area between the edge of the roadway or the curb of any street and the property line adjacent thereto, excluding therefrom any sidewalk. The term “parkway” also includes any area within a roadway or roadway easement that is not open to vehicular travel.
H. “Permittee” means the person who is authorized pursuant to this chapter to place and maintain a newspaper dispensing device in a public right-of-way.
I. “Public right-of-way” means any place of any nature which is dedicated to use by the public for pedestrian or vehicular travel including, without limitation, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, tunnel, bridge, thoroughfare, park, square, or similar public way.
J. “Residential structure” means a single-family residence or a multi-family residential building.
K. “Roadway” means that portion of a street improved, designed or ordinarily used for vehicular travel.
L. “Sidewalk” means any surface of a public right-of-way provided for the exclusive use of pedestrians.
M. “Street” means all that area dedicated to public use for public street purposes including, without limitation, roadways, parkways, alleys and sidewalks.
16.24.030 Encroachment permit required.
A. No person shall place, affix, erect, construct, or maintain a newspaper dispensing device which in whole or in part rests upon, in or over any public right-of-way without first obtaining an encroachment permit from the director in accordance with the provisions of this Chapter.
B. Any number of newspaper dispensing devices may be authorized under one encroachment permit to be installed or maintained in the public rights-of-way; provided, however, that the installation or maintenance of additional newspaper dispensing devices, and the relocation of authorized newspaper dispensing devices, subsequent to the issuance of an encroachment permit, shall require a new and additional encroachment permit.
16.24.040 Application for encroachment permit.
A. The application for an encroachment permit to install or maintain any newspaper dispensing device shall be on a form provided by the Director and shall contain or be accompanied by the following:
1. The name, address and telephone number of the applicant;
2. The name, address and telephone number of the applicant’s authorized representative, whom the City may contact or notify at any time concerning the applicant’s newspaper dispensing devices;
3. A fully-dimensioned map, sketch, drawing or other illustration which describes the exact location of each newspaper dispensing device proposed to be installed or maintained by the applicant in the City’s public rights-of-way;
4. A statement that, to the best of the applicant’s knowledge and belief, and based upon the applicant’s inspection of each proposed location, the installation or maintenance of each proposed newspaper dispensing device will be in compliance with all standards and requirements set forth in Section 16.24.080 of this Chapter;
5. The categorical priority of the publication to be sold or offered in the newspaper dispensing device, as described in Section 16.24.100. Applicants who intend to install or maintain newspaper dispensing devices for the sale of daily publications, and who desire to have such publications considered as publications adjudicated to be newspapers of general circulation pursuant to the California Government Code (Title 1, Division 7, Chapter 1, Article 2) should submit proof of such adjudication with the application for encroachment permit.
6. A statement whereby the applicant agrees to indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any claim, loss, liability or damage sustained by any person attributable to or arising out of the installation, use or maintenance of any newspaper dispensing device within the City which is authorized under the encroachment permit to be installed, used or maintained in public rights-of-way.
7. A statement whereby the applicant agrees to remove or relocate, without expense to the City, any newspaper dispensing device installed, used or maintained pursuant to the encroachment permit if and when made necessary by any improvements to or modifications of the public rights-of-way which may cause a previously approved location to be in nonconformity with any provision of Section 16.24.080.
8. A statement whereby the applicant agrees to notify the Director within five (5) days of any change in the information set forth in the application for encroachment permit, including any change in the ownership or control of any newspaper dispensing device and any change in the applicant’s authorized representative for purposes of notification.
9. Evidence of a current business license as required by the PMC; and
10. An encroachment permit application fee in an amount established by resolution of the City Council.
B. Prior to issuance of the encroachment permit, the permittee shall provide to the Director satisfactory evidence of having obtained a policy of public liability insurance from a company authorized to transact business in the State of California. The policy of public liability insurance shall be maintained at all times the encroachment permit is in effect and shall:
1. Be issued to the permittee and name the City, and its officers, agents and employees, as additional insureds.
2. Indemnify against all liability for personal injury, death and damage to property arising from activities and operations conducted by the permittee pursuant to the encroachment permit.
3. Provide combined single limit liability insurance in an amount not less than One Million Dollars ($1,000,000).
4. Be non-cancellable without thirty (30) days’ prior written notice thereof directed to the City.
16.24.050 Issuance or denial of encroachment permit.
A. Following the receipt of an application for encroachment permit submitted pursuant to the provisions of this Chapter, the Director shall cause an inspection to be made of each location proposed by the applicant for the installation or maintenance of a newspaper dispensing device. The inspection fee established by resolution of the City Council shall be deemed to cover all newspaper dispensing devices proposed by the applicant to be installed or maintained on any one block.
B. Upon a determination by the Director that any or all of the proposed locations are in compliance with all standards and requirements set forth in Section 16.24.080, and that the proposed newspaper dispensing device for each such location is or will be in compliance with Section 16.24.090, an encroachment permit shall be issued to the applicant. Said encroachment permit shall identify with reasonable specificity the location of each newspaper dispensing device authorized thereunder.
C. The encroachment permit may authorize less than all of the locations proposed by the applicant for the installation or maintenance of newspaper dispensing devices. If a proposed location is disapproved by the Director, the applicant shall be given written notice of the reasons for such disapproval. The applicant shall have the right to a hearing on such determination in accordance with the provisions of Section 16.24.160. Disapproval of a proposed location shall not preclude the applicant from subsequently submitting a new and additional application for encroachment permit designating another proposed location. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC § 2.08.090.
D. If a newspaper dispensing device is not installed by the permittee at the location authorized by the encroachment permit within thirty (30) days after its issuance by the Director, such authorization shall be deemed to have been terminated and revoked.
16.24.060 Encroachment permit identification tags.
A. Concurrently with the issuance of an encroachment permit, the Director shall issue to the permittee for each authorized location an identification tag setting forth the number assigned to the encroachment permit. The fee therefor shall be established by resolution of the City Council. The identification tag shall be affixed by the permittee to each newspaper dispensing device at each approved location within the following time periods: (i) if already installed, within 24 hours after issuance of the identification tag; (ii) if not yet installed, at the time of installation of the newspaper dispensing device. The identification tag shall be affixed in the upper right hand corner of the rear panel of the newspaper dispensing device.
B. The encroachment permit identification tag shall be valid for a period of one year after date of issuance. At the expiration of the initial one-year period, and annually thereafter, the Director shall cause to be issued renewal identification tags upon application by the permittee, payment of such renewal and inspection fees as may be established by resolution of the City Council, and a determination by the Director that each location authorized by the encroachment permit and each newspaper dispensing device continues to comply with the standards and requirements set forth in Sections 16.24.080 and 16.24.090, respectively, of this Chapter.
16.24.070 Identification required on newspaper dispensing devices.
The permittee under an encroachment permit issued pursuant to this Chapter shall cause to be affixed to each newspaper dispensing device installed or maintained at a location authorized by such encroachment permit the following:
A. The name, address and telephone number of the permittee or of the permittee’s authorized representative as designated in the application for encroachment permit or any amendments thereto. Such notice shall be affixed to the newspaper dispensing device in a location readily visible to vendees so as to facilitate reports of malfunctions and to secure refunds if a coin-return mechanism is inoperable.
B. A current encroachment permit identification tag as required by Section 16.24.060.
16.24.080 Location of newspaper dispensing devices.
A. The installation or maintenance of newspaper dispensing devices shall be prohibited at the following locations:
1. On any portion of, or projecting onto, into or over any portion of, any roadway on which vehicles are lawfully permitted;
2. Within four feet of any marked crosswalk;
3. Within fifteen feet of the curb return of any unmarked crosswalk;
4. Within ten feet of any fire hydrant, fire call-box or police call-box, or other emergency facility;
5. Within four feet of any utility poles, boxes or meters;
6. Within four feet of any driveway;
7. Within four feet ahead of, and fifteen feet to the rear of, any sign or pavement markings designating a bus stop, measured parallel to the flow of traffic;
8. Within four feet of any bus bench;
9. At any location whereby the clear space for the passage of pedestrians is reduced to less than four feet;
10. Within five feet of a curb painted pursuant to local parking regulations, pursuant to California Vehicle Code Section 21458;
11. Within three feet of any area improved with lawn, flowers, shrubs, or trees or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to interfere with the reasonable use or utility of such window for display purposes;
12. Directly opposite and facing another newspaper dispensing device on the same sidewalk or parkway;
13. Within four feet of an ADA ramp access point;
14. Within four feet of an entry monument sign;
15. Within 50 feet of any point of a residential structure other than the garage;
16. In any City right-of-way within 150 feet of any doorway of an essential public facility, unless such dispensing device was already located at said location as of the date of this ordinance, and written permission to maintain the newspaper dispensing device within 150’ of the public facility has been granted by the agency occupying said public facility; and
17. At any location where the Director determines, supported by written findings, that the proposed encroachment upon the public right-of-way by a newspaper dispensing device will interfere with or obstruct the flow of pedestrian or vehicular traffic, create a hazard which endangers persons or property, or obstruct motorists’ vision of traffic control signage.
B. No more than eight newspaper dispensing devices shall be located on any public right-of-way within a space of 200 feet in any direction within the same block of the same street. No more than 16 newspaper dispensing devices shall be located on public right-of-way on any one block unless the Director has established a higher limit pursuant to this Subsection. The Director shall, upon request of any encroachment permit applicant, perform an engineering study to determine whether the public right-of-way on a particular block can accommodate more than 16 newspaper dispensing devices installed in compliance with Subsection A of this Section. If the study concludes that more than 16 newspaper dispensing devices can be accommodated, then the Director shall prescribe a higher limit and such limit shall apply to that particular block. The encroachment permit applicant requesting the study shall pay an engineering study fee to cover the cost of the study.
C. No more than four newspaper dispensing devices shall be permitted to be located immediately adjacent to each other. Any such cluster of up to four newspaper dispensing devices shall be separated by a distance of not less than four feet from any other individual newspaper dispensing device or cluster of such devices.
D. Newspaper dispensing devices shall be permitted to be installed or maintained only near a curb or adjacent to the wall of a building in a location authorized by an encroachment permit. Newspaper dispensing devices installed near a curb shall be installed parallel to the curb not less than 18 inches nor more than 24 inches from the roadway edge or face of the curb, and shall face away from the street so as to be accessible from the sidewalk. Newspaper dispensing devices installed adjacent to the wall of a building shall be installed so that the back of such device is parallel to such wall and not more than 6 inches from the wall.
16.24.090 Standards for the installation, use and maintenance of newspaper dispensing devices.
Every newspaper dispensing device which, in whole or in part, is located upon any public right-of-way shall comply with the following standards and regulation:
A. All newspaper dispensing devices shall be generally square or rectangular in shape and not exceed 48.5 inches in height, 30 inches in width or 24 inches in thickness. The 48.5-inch height limitation shall not include any coin box mounted on top of the newspaper dispensing device.
B. Each newspaper dispensing device shall be colored white, black, dark blue or dark green.
C. Each newspaper dispensing device shall be substantially made of metal, except for miscellaneous parts such as operating buttons, card inserts and view windows.
D. Each newspaper dispensing device shall have an affirmative mechanical closing mechanism to provide for the closing of the door through which the publication may be accessed. Such affirmative closing device shall consist of either a spring, gas-powered or similar device that will close the door by itself without the assistance of individuals accessing the publication.
E. Each newspaper dispensing device shall have an affirmative mechanical locking mechanism to provide for the secure locking or latching of the door through which the publication may be accessed. This device should be sufficient to prevent
accidental opening and to hold the device closed in inclement weather conditions.
F. No newspaper dispensing device shall have affixed thereto any advertising other than the following:
1. The name of the newspaper or other publication being sold or offered, which information shall be displayed on the lower one-third of the hood; and
2. Advertising rack cards inserted in card pans which are attached to and located on the front of the newspaper dispensing device and which do not exceed 15 inches in height and 22 inches in length. The rack cards shall be limited to the display, sale or purchase of the newspaper or other publication being sold or offered.
G. Each coin-operated newspaper dispensing device shall be equipped with a coin-return mechanism to enable a person using the device to obtain an immediate refund in the event the publication paid for is not dispensed. The coin-return mechanism shall be maintained in good working order.
H. Each newspaper dispensing device shall be bolted or otherwise secured to the public right-of-way in a manner approved by the Director.
I. No newspaper dispensing device shall be chained or otherwise attached to any other newspaper dispensing device, nor, without the consent of the owner thereof, attached to any permanently fixed object or other property.
J. Newspaper dispensing devices shall be maintained in good working order at all times. Without limiting the generality of the foregoing, each newspaper dispensing device shall periodically be serviced by the permittee so that:
1. It is reasonably free of dirt and grease;
2. It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;
3. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereof;
4. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;
5. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and
6. The structural parts thereof are not broken or unduly misshapen.
7. The locking and closing mechanisms shall be maintained in good working order at all times.
K. No newspaper dispensing device shall display or exhibit in a public place, other than a location from which minors are excluded, any material which is harmful to minors unless a device commonly known as a “blinder rack” is placed in front of the materials or the material is otherwise displayed or exhibited so that the lower two-thirds (2/3) thereof is not exposed to public view. For purposes of this subsection, “material which is harmful to minors” shall mean “harmful matter” as defined in California Penal Code Section 313 as currently in effect and as may hereafter be amended.
16.24.100 Resolution of conflicts regarding proposed locations.
A. If implementation or enforcement of the provisions of this chapter requires the Director to disapprove any proposed location for a newspaper dispensing device so as to establish or maintain any numerical or other restrictions set forth in Section 16.24.080, and competing claims for the same or an adjacent proposed location cannot be resolved by negotiations with the applicants or permittees involved, the Director shall be guided solely by the following criteria and categorical priorities in issuing an encroachment permit:
1. First priority shall be given to newspaper dispensing devices used for the distribution of daily publications (those published on five or more days in a calendar week).
2. Second priority shall be given to newspaper dispensing devices used for the distribution of weekly publications (those published at least once but less than five days in a calendar week).
B. If there is a conflict between newspapers or news periodicals within the same categorical priority seeking the same or an adjacent proposed location, and there are insufficient locations remaining to accommodate the conflicting newspapers after first approving as many locations as possible by utilizing the criteria and priorities set forth above, the Director shall assign the location or locations at random by placing the names of all applicants for the available locations into a container from which an applicant’s name shall be drawn, one at a time, until the permissible number of newspaper dispensing devices has been reached. Such drawing shall be open to the public at a time, place and date designated by the Director.
16.24.110 Costs to be borne by permittee.
All costs and expenses of installation, maintenance, replacement, removal, or relocation of newspaper dispensing devices shall be borne by the permittee. Upon the removal of any newspaper dispensing device, the permittee shall, at its sole expense, cause the public right-of-way to be repaired and restored to a condition that is safe and is comparable to the surrounding area. Repair or restoration shall include removal of any bolts, brackets or other mounting equipment and filling of holes in the right-of-way surface attributable to the device. Upon any failure by the permittee to make such repairs and restoration, the work may be undertaken by the City and the cost thereof shall be charged to the permittee.
16.24.120 Notices of violation.
A. Unless a violation necessitates immediate impoundment of the newspaper dispensing device pursuant to Section 16.24.130, the Director shall notify any permittee or other person who installs, uses or maintains a newspaper dispensing device in violation of the provisions of this chapter that unless the violation is corrected or a hearing requested, the newspaper dispensing device will be impounded. Such notice shall be given by mail to the permittee or other responsible person, or, if no permittee or other responsible person can be identified, by affixing a notice to the newspaper dispensing device. Impoundment shall be authorized hereunder unless the violation is corrected or a hearing is requested within seven business days after the date on which notice is given by mail or affixed to the newspaper dispensing device.
B. Notwithstanding subsection A, if a violation of Section 16.24.080 is involved, the Director may immediately correct any such violation, and shall do so without impounding, if such correction can be accomplished easily, quickly and without expense to the city.
16.24.130 Removal and impoundment of newspaper dispensing devices.
A. Notwithstanding any other provision of this chapter, the Director may immediately remove and impound any newspaper dispensing device in violation of this chapter where one or more of the following is involved:
1. The newspaper dispensing device poses an imminent danger to pedestrians or vehicles.
2. A notice has been affixed to the newspaper dispensing device by the Director pursuant to this chapter, and the permittee has neither caused the violation to be corrected nor requested a hearing within the time specified in Section 16.24.120.
3. When a request for a hearing is withdrawn or abandoned by the permittee and the permittee has failed to correct a violation within the time specified in Section 16.24.120.
4. When, following a hearing or any subsequent appeal, a final determination is made that one or more violations exist and the permittee has failed to correct such violations within ten days after the date of such final determination.
B. Whenever any newspaper dispensing device is removed and impounded pursuant to paragraphs 1 or 2 of subsection A above, written notice of such action shall be mailed to the permittee by the Director within three working days after such removal and impoundment. The permittee may thereafter request a hearing pursuant to the provisions of Section 16.24.160.
16.24.140 Return of impounded newspaper dispensing devices.
A. Unless the newspaper dispensing device and its contents are being held as evidence in a criminal prosecution, the permittee or, if there is no known permittee, a claimant who provides sufficient proof of ownership of an impounded newspaper dispensing device may, at any time up to and including the thirtieth day after the impounding, or, if a hearing by the city manager or an administrative hearing officer, pursuant to this chapter is requested and held concerning the newspaper dispensing device, may, at any time up to and including, the thirtieth day after the decision at such hearing becomes final, obtain a return of the newspaper dispensing device and its contents, upon paying an impound fee, including the reasonable costs of removal and storage by the City, in an amount established by resolution of the City Council.
B. The city manager or the administrative hearing officer may, after conducting any hearing in accordance with this chapter, order the newspaper dispensing device returned without payment of any impound fee, or, if an impound fee has previously been paid, may order the refund of any such impound fee.
16.24.150 Disposal after impoundment.
If a hearing on the impounding of a newspaper dispensing device is not timely requested, or if the newspaper dispensing device is not returned in accordance with the provisions of this chapter, the Director may sell or otherwise dispose of the newspaper dispensing device and its contents. The proceeds, if any, from any such sale or other disposition, and any moneys contained in such newspaper dispensing device, shall be delivered to the Director of Finance and shall be credited to the general fund of the City.
16.24.160 Hearings on impoundment.
A. Any permittee or other person installing or maintaining a newspaper dispensing device in violation of this chapter or any person aggrieved by a determination of the Director may request in writing a hearing before the city manager within the following time periods:
1. If a notice of violation has been issued by the Director pursuant to Section 16.24.120, within the time periods specified in subsection A of Section 16.24.120. A timely request for a hearing made prior to any impounding shall operate to stay any impounding until five working days after the final determination is rendered by the city manager, unless further stayed pending any appeal therefrom.
2. If removal and impoundment has occurred pursuant to Section 16.24.130, within 30 days after the date of written notice of such action as required by subsection B of Section 16.24.130.
B. Within five (5) working days after the Director’s receipt of a request for hearing, the Director shall set a hearing date and shall notify the permittee or other person by first class mail of the date, time and place of said hearing. Unless continued by agreement, the hearing shall be held within ten (10) working days after the date the notice is mailed.
C. At the hearing, any person may present evidence or argument as to whether the newspaper dispensing device was in violation of this chapter, whether it was properly removed and impounded, and whether it should be returned without payment of an impound fee. Such hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90.
D. Not later than ten (10) working days after the close of the hearing, the city manager shall determine, based upon the facts adduced at the hearing, whether a notice of violation was properly issued, whether a newspaper dispensing device was properly impounded, or whether a newspaper dispensing device should be returned without payment of an impound fee, as applicable. The city manager may give oral notice of the determination at the close of the hearing or may send notice of the determination by first class mail.
E. The city manager may, at his or her sole discretion, refer the matter directly to the administrative hearing officer in lieu of hearing the matter and requiring an appeal to the independent administrative hearing officer.
16.24.170 Appeal after hearing.
A. Any permittee or other person who requested a hearing pursuant to Section 16.24.160 may, within ten (10) days after notice of the city manager’s determination is given pursuant to Section 16.24.160(D), appeal such determination to the independent administrative hearing office appointed by the city pursuant to Chapter 1.20 PMC. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is to be based, and shall be filed with the Director. The Director shall forthwith transmit the appeal, together with a copy of the determination and other relevant documents, to the City Clerk for hearing before the administrative hearing officer in accordance with the provisions herein.
B. A timely appeal of the city manager’s determination shall operate to stay any impounding, pending action on the appeal by the administrative hearing officer pursuant to this section.
C. Upon receipt of the appeal, the city manager’s determination, and other relevant documents, and as soon as practical, the administrative hearing officer shall conduct a hearing. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90. The administrative hearing officer may thereafter take any of the following actions:
1. Approve, reverse or modify the city manager’s determination; or
2. Refer the matter back to the Director with or without instructions.
D. The administrative hearing officer shall render a determination within forty-five (45) days after the appeal is filed and such determination shall be deemed to be a final determination which shall become effective upon the issuance of a judgment of determination by the administrative hearing officer.
16.24.180 Time for compliance.
A. The provisions of this chapter shall apply to all newspaper dispensing devices in the City, whether installed prior to or after the effective date of this chapter or of any amendment to this chapter. Any person who owns, controls or is otherwise responsible for the installation of any newspaper dispensing device on public rights-of-way prior to the effective date of this chapter shall file with the Director an application for encroachment permit within thirty (30) days after the effective date of this chapter, subject to the provisions of Subsection B hereof. Any person who owns, controls or is otherwise responsible for the installation of any newspaper dispensing device on public rights-of-way prior to the effective date of any amendment to this Chapter shall bring such device into conformance with the amendment within ninety (90) days after the effective date of the amendment, subject to the provisions of Subsection B hereof.
B. Compliance with this Chapter may, in the discretion of the Director, be extended for a period not exceeding six (6) months if the Director determines, upon the basis of information submitted, that undue hardship would otherwise result. Such information shall be submitted to the Director within thirty (30) days after the effective date of this Chapter or the effective date of the amendment to this Chapter that results in the newspaper dispensing device being nonconforming.
C. Any person who owns, controls or is otherwise responsible for the installation of any newspaper dispensing device upon the public right-of-way and who fails or refuses to file with the Director an application for encroachment permit, or to bring the device into conformance with an amendment to this Chapter, within the time periods specified in this Section shall be in violation of this Chapter.
16.24.190 Cumulative remedies.
The remedies available to the City for violations of this Chapter, as set forth in Sections 16.24.120 and 16.24.130 hereof, are cumulative and in addition to other penalties provided for in the Highway Permit ordinance.
16.24.195 Fees.
All fees provided for in this Chapter shall be set by City Council resolution and shall not exceed the City’s reasonable administrative costs.
16.24.200 Severability.
If any provision of this Chapter or the application thereof to any person or circumstance is held to be invalid, or unconstitutional, such invalidity or unconstitutionality shall not affect any other provision or application of this Chapter which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Chapter are declared to be severable. The City Council hereby declares that it would have adopted and passed this Chapter, and each Section, Subsection, sentence, clause, phrase, and word hereof, irrespective of the fact that one or more of the other Sections, Subsections, sentences, clauses, phrases or words hereof be declared invalid or unconstitutional.
(Ord. 1614 § 4 (Exh. I), 2023; Ord. 1605 §§ 25 – 27, 2023; Ord. 1322 §§ 4, 5, 6, 2007; Ord. 1302 § 2, 2007; Ord. 1256 §§ 2 – 8, 2005; Ord. U-842 § 3, 1989; Ord. 809 § 3, 1989)