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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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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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3/12/2018 2:51:54 PM
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Ordinances
City Clerk - Type
Amending
Number
2017-70
Date
2/20/2018
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only in accordance with the requirements of this ordinance, the city shall attempt <br /> to allow the relocation of any newsracks displaced as provided herein to the newly <br /> reconfigured right-of-way without additional permit fee;provided,however,where <br /> such right-of-way will no longer accommodate newsracks in accordance with the <br /> requirements of this ordinance,the city shall not be obligated to provide alternative <br /> or other sites for such displaced newsracks. <br /> Sec. 74.215. Abandoned newsracks. <br /> In the event any newsrack is severely damaged,or remains empty for more <br /> than 31 days, the newsrack shall be deemed abandoned, and may be seized and <br /> removed in the manner as provided in section 74.216. <br /> Sec. 74.216. Seizure and removal of newsracks. <br /> (a) The city may seize and remove a newsrack if the person responsible <br /> for the newsrack has failed: <br /> (� To obtain a permit as required by this article. <br /> 12) To remedy a violation within 10 business days following the date of <br /> notice or a written decision by the hearing examiner that the <br /> newsrack was installed or maintained in violation of this article; or <br /> of <br /> (3) To request a hearing within 10 business days following the date of <br /> notice of a violation. <br /> (b) Other than in the instance of failing to obtain a permit as provided <br /> in subsection (a)(1), before any newsrack is seized, the person responsible for its <br /> installation and maintenance shall be notified and provided 10 business days in <br /> which to remedy the violation or to request a hearing to contest the seizure. <br /> (c) A person notified under this section may request, in writing, a <br /> hearing before a hearing examiner designated by the director. <br /> (d) Within 30 days of receipt of the applicant's written request, the <br /> hearing examiner shall conduct a hearing at which the appellant and the city may <br /> present evidence and testimony. Written notice of the time and place of the hearing <br /> shall be provided to the applicant. <br /> (e) The hearing shall be conducted according to procedures <br /> promulgated by the director. <br /> (I) The hearing examiner shall render a written decision within 15 days <br /> after the date of the hearing. The hearing examiner, applying the standards in this <br /> article,affirm,reverse or modify the decision of the hearing examiner. The decision <br />
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