§ 102.47. ENFORCEMENT.

(A)

Correction of Violation. Upon determination by a Code Enforcement Officer that a movable fixture has been installed, used or maintained in violation of this Chapter, an order to correct the violation shall be issued to the controlling entity. If a newsrack or modular newsrack is considered abandoned, it will be posted and an order will not be issued.

(B)

[Order to Correct Violation.] The order to correct the violation shall specifically describe the violation and may suggest actions necessary to correct the condition or violation. Such order shall be mailed by certified mail, return receipt requested, to the controlling entity.

(C)

[Failure to Correct Violation.] Failure to properly correct the violation within fifteen (15) days of the receipt of the order shall result in the offending movable fixture being removed by the City. Any movable fixture removed by the City thereunder shall be stored at the controlling entity's expense for a period of thirty (30) days. The movable fixture shall be released upon a proper showing of ownership and payment of removal, administrative and storage charges. The administrative charge is fifty-five dollars ($55.00) and the storage charge is two dollars ($2.00) per day, up to a maximum of thirty (30) days. In the event the movable fixture is not claimed within the thirty (30) day period, the movable fixture may be sold at public auction and the proceeds applied first to removal, administrative and storage charges, and the remainder, if any, then paid into the General Fund of the City.

(D)

[Removal of Movable Fixtures.] If the movable fixture is posted as abandoned and not removed within seven (7) days from the date of posting, or the City is not contacted by the controlling entity within seven (7) days from receipt of an order to correct the violation, the City may remove the movable fixture immediately. The City shall store the movable fixture for thirty (30) days and if not claimed within that time, the City may dispose of the movable fixture in any manner it deems appropriate. If the movable fixture is claimed, the entity claiming the movable fixture shall pay for all removal, administrative and storage charges prior to release of the fixture. If the charges are not paid within fifteen (15) days of claim being made, the City may dispose of the movable fixture.

(E)

[Publication Prior to Office [Auction].] At least ten (10) days prior to the public auction, the City Clerk shall publish a description of the movable fixture, the location from where it was removed, and notice of the auction in a newspaper of general circulation in the City. Any publication may include multiple listings of movable fixtures. The City shall also provide the controlling entity identified on the movable fixture, or if otherwise known, with written notification of the auction by certified mail, return receipt requested. Provided, however, that the City Manager, or his designee, may dispose of the movable fixture in any manner he sees fit, including negotiating the release of the movable fixture to the controlling entity for less than full payment of all storage charges if the City Manager, or his designee, is of the opinion that such disposal will be more advantageous to the City than auctioning off the movable fixture.

(Ord. No. 27-96, passed 8/6/96; Am. Ord. No. 45-98, passed 10/20/98)