Ord 2017-070/amending Chapter 74 of the San Marcos City Code by creating a new Article 7 for the purpose of regulating the placement and maintenance of newsracks on City sidewalks and Rights-of-Way

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newsrack and location proposed for a newsrack does not meet the standards set forth in this article, then the director shall deny the permit application. If the newsrack permit is denied, in whole or in part,the director shall, by certified mail or by email to the address(es)provided by the applicant, notify the applicant within 10 business days from the date of filing a completed application with the city explaining the reasons for the denial of the permit. The applicant shall have 10 business days from the receipt of notice of a denial to correct and resubmit the application or appeal the decision, in writing, to the hearing examiner designated by the director. j) Suspension or termination of permit The director may, following 10 business days' written notice to the permittee and an opportunity to be heard suspend or terminate a permit and remove any newsracks associated with the permit from the sidewalk or public right of way. Grounds for suspension or termination require a proven history of continual noncompliance with the requirements of this article, consisting of a minimum of two violations in a twelve month period for which citations have been issued under this article and a final judgment of guilt or a plea of nolo contendere has been entered. The period of suspension shall be at the discretion of the director,depending on the severity of the violations, not to exceed six months. When the director finds that termination is appropriate, the permittee may not apply for a new permit for a period of 12 months. The decision of the director may be appealed as provided in subsection(k) of this section. fk) Appeal of denial, suspension, or termination. The hearing examiner shall conduct a hearing within 30 days of receipt of the applicant's written appeal request. Written notice of the time and place of the hearing shall be provided to the applicant at least 10 business days prior to the date of the hearing. The hearing shall be conducted accordin• to .rocedures .romul_ated b the director. The hearing examiner shall render a written decision within 15 business days after the date of the hearing. The decision of the hearing examiner shall be final. (I)Amendment to permit In the event of a change in any of the information contained in the application,the permittee shall submit the change in writing to the director. A permittee may install and maintain additional newsracks by amendment to the permit.This section shall govern the review and approval of any amendment. (m) Processing. The director shall have authority to promulgate forms rules, and procedures relating to the permitting process. Sec. 74.212. Maintenance and display. (a) Any newsrack requiring a permit under this article shall: W Be in a neat and clean condition and in good repair at all times, i.e. reasonably free of dirt and grease; no chipped, faded, peeling, or cracked paint;no rust and corrosion;no broken or cracked plastic or