Within three business days, the Director or designee shall send written confirmation of the telephoned notice. (A) Within the next working day following removal/recapture, the Director or designee shall notify by telephone the permittee or, in the case of an unpermitted News Dispenser or Compartment, the owner or user. In such case, the City shall proceed in the following manner:
Notwithstanding the provisions of subsections (A) and (B), prior notice and an opportunity to be heard shall not be required prior to removal of any News Dispenser that is installed or maintained in such place or manner as to pose an immediate or clear and present danger to persons, vehicles or property. An impounded News Dispenser and its contents may be disposed of by the City after thirty calendar days. An impounded News Dispenser shall be retained by the City for a period of at least thirty calendar days following the removal, and may be recovered by the permittee upon payment of a fee as set forth in the City of San Mateo Comprehensive Fee Schedule. The City may remove and impound a News Dispenser or recapture a Compartment following the written decision upholding the determination of a violation under subsection (2) above, or if the owner or user has neither requested a meeting nor remedied the violation within ten business days from the latter of the date the notice described in subsection 1 above was mailed or posted. Unless the owner or user fails to appear at the meeting, any action by the City to remove the News Dispenser or recapture the Compartment shall be stayed pending the written decision following the meeting.
The Director or designee shall give his or her decision within ten business days after the date of the meeting. The meeting shall be informal but oral and written evidence may be given by both sides. Any owner or user notified pursuant to subsection (1) above, may request a meeting with the Director or designee by making a written request within ten business days from the date appearing on the notice. The notice shall also provide a telephone contact number. Unless the notice of intent is to determine it an Abandoned News Dispenser or Compartment, (see Subsection (c) below) the notice shall also state the nature of the violation, shall specify actions necessary to correct the violation, and shall give the owner or user ten business days from the date of posting of the notice to either remedy the violation or to request a meeting before the Director or designee. The notice shall direct the permittee, or if no permit has been issued, the owner/user of the News Dispenser or Compartment to contact the Director of Public Works or designee.
If no Permit Application can be found for the News Dispenser, posting of the notice on the News Dispenser alone shall be sufficient. Written notification by first class mail to the address shown on the Permit Application in conjunction with posting on the News Dispenser shall constitute adequate notice. Before removal of any News Dispenser or recapture of any Compartment, the Director of Public Works or designee shall notify the owner or user of the violation or, if applicable, of the intent to determine it abandoned. (a) In addition to other enforcement remedies available to the City, any News Dispenser or any Compartment installed, used or maintained in violation of any provisions of this chapter, including the failure to pay renewal fees, or that has been abandoned, may be removed or recaptured in accord with this section. 17.12.140 REMOVAL OF FREESTANDING NEWSRACK/RECAPTURE OF COMPARTMENT.
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