A.Â
If the City of Easton has reason to believe that a newsrack has been
placed, installed or maintained on a public way in violation of this
chapter, the City shall cause to be placed a notice of violation upon
the newsrack specifying the date and nature of the deficiency and
the date by which deficiencies must be corrected. A duplicate of the
deficiency notice shall, within three working days thereafter, be
mailed by the City to the applicant whose name and address that is
identified on the newsrack. If ownership of the deficient newsrack
cannot be determined, the notice of violation attached to the newsrack
shall serve as written notification of noncompliance. The notice of
violation shall state that the newsrack will be removed and destroyed
unless the newsrack is brought into compliance with this chapter within
15 days of the date of the notice. If the newsrack is not removed
or brought into compliance within the fifteen-day period, the City
may remove and destroy the newsrack at the expense of the applicant.
The notice given under this section shall also state that the applicant
can also request to appeal the determination, at which time the applicant
will be given an opportunity to contest the allegations of the complaint
or to demonstrate that the conditions constituting a violation of
this chapter have been remedied. If, after the appeal, the City determines
that a violation of this chapter continues to occur, the City shall
order the applicant to remove the newsrack from the public way.
B.Â
Any newsrack that remains on the public way for more than 15 days
after it has been ordered removed pursuant to this section shall be
removed and destroyed by the City at the expense of the applicant.
C.Â
Notwithstanding any other provisions of this section, the City may
require an applicant to remove or relocate a newsrack when such removal
or relocation is necessary to accommodate a public or private construction
or repair project or similar activity. In cases where immediate removal
of the newsrack is necessary to protect the health or safety of the
public, the City may remove or relocate the newsrack at the applicant's
expense and promptly give written notice to the applicant at the address
identified on the newsrack of such removal or relocation thereafter.
In all other cases, the City shall cause a notice to be placed upon
the newsrack, or shall give written notice to the applicant at the
address identified on the newsrack, stating that the newsrack must
be removed or relocated within 15 days of the date of the notice and
the reason for the removal or relocation. If the newsrack is not removed
or relocated within the time specified by the City, the City shall
remove and destroy or relocate the newsrack at the applicant's
expense. The City may return a newsrack that has not yet been destroyed
if the applicant reimburses the City for its costs.
D.Â
Any newsrack that is subject to removal and destruction may, at the
discretion of the City of Easton, instead be moved to a nearby location
when practicable.
Any person adjudicated to be in violation of this chapter, including
any rules or regulations, shall be subject to a fine of not less than
$200 and not more than $1,000. Each day that a violation occurs shall
constitute a separate and distinct offense.
An owner of the newsrack to whom a notice of violation was mailed
shall be entitled to appeal the notice of violation. An appeal shall
be in writing, stating the reasons how the newsrack has been remedied
or is no longer in violation of this chapter, and shall be made within
15 days of the date of receipt of the notice on the newsrack. The
City shall review the facts and circumstances and shall determine
whether the owner of the newsrack has shown good cause why the violation
should be withdrawn. In the event the City affirms the violation,
the owner of the newsrack shall have five days following mailing receipt
of the written rescission of the City which to comply with the notice
of violation. The appeal of a notice of violation shall suspend the
effective date of the notice until the appeal has been acted upon.
