(Amended by Ordinance No. 184957, effective November 25, 2011.)

A.  Upon determination by the Director of the Bureau of Transportation that a newsrack has been installed, used or maintained in violation of Subsections 17.46.020 A. – G. of this Chapter, an order to correct the offending condition shall be issued to the distributor of the newsrack, if known, and if not, to the publication distributed therein.  Such order shall be telephoned and confirmed by mailing a copy of the order by certified mail, return receipt requested.  The order shall specifically describe the offending condition and suggest actions necessary to correct the condition.  Failure to properly correct the offending condition within 3 days (excluding Saturdays and legal holidays) after the mailing date of the order shall result in the offending newsrack being summarily removed by the Director of the Bureau of Transportation from the Mass Transit Avenues and placed in the nearest sidewalk area where the newsrack would not be in violation of this Chapter.  Upon removing any newsrack from a Mass Transit Avenue the Director of the Bureau of Transportation shall provide immediate notification by telephone of the location to which the newsrack has been removed.  A copy of such notice shall also be immediately mailed.  Any order issued under this Subsection A. may be appealed pursuant to Section 17.46.040, but the filing of an appeal shall not stay the effectiveness of the order.

B.  Upon determination by the Director of the Bureau of Transportation that a newsrack has been used, maintained or installed in violation of Subsections 17.46.020 D., E. or G., or Section 17.46.060 an order to correct the offending condition shall be issued to the distributor of the newsrack, if known, and if not, to the publication distributed therein.  Such order shall be telephoned and confirmed by mailing a copy of the order, return receipt requested.  The order shall specifically describe the offending condition and suggest actions to correct the condition.  Failure to properly correct the offending condition within 10 days after the mailing date of the order shall result in the offending newsrack being summarily removed by the Director of the Bureau of Transportation from the Mass Transit Avenues and placed in the nearest sidewalk area where the newsrack would not be in violation of this Chapter.  Upon removing any newsrack form a Mass Transit Avenue, the Director of the Bureau of Transportation shall provide immediate notification of the location to which the newsrack has been removed, by telephone, and copy of such notification shall also be immediately mailed.  Any order issued under this Subsection B may be appealed pursuant to Section 17.46.040 and the filing of an appeal shall stay the effectiveness of the order until the Council shall have decided the appeal.