Hawthorne Municipal Code Art. V Enforcement

In the case of minor violations of this chapter that can be corrected at the site, any city employee, as an alternative to removing the news rack, is authorized to correct the violation summarily. The permittee will bear the cost of any such correction.

(Ord. 1797 § 2, 2004)

A. Upon discovering that a news rack that lacks a permit or otherwise violates this chapter, the administrator may take action to remove such a news rack in accordance with this chapter.

B. To initiate proceedings for removing news racks, the administrator will cause written notice to be mailed and conspicuously posted on the news rack. Notice must be titled in letters at least one inch in height and read substantially as follows:

C. Mailing/Posting. Notice of the hearing will be served by posting the news rack and by registered or certified mail (postage fully prepaid) addressed to the news rack owner. The notice must be posted on the news rack and mailed at least ten days before the hearing date. Proof of posting and mailing will be by declaration. Failure of any person to receive the notice will not affect the validity of any provision set forth in this chapter.

D. The administrator is not required to wait ten days to proceed if the intent to permanently abandon or vacate a news rack or uniform news rack location is confirmed in writing by the owner of such news rack.

(Ord. 1797 § 2, 2004)

A. The hearing must be conducted by a hearing officer selected by the administrator. At the time set for such hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether the news rack violates this chapter. At the hearing, the hearing officer will accept reliable evidence from any person if such evidence bears on the issue of whether the news rack violates this chapter. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Code of Civil Procedure Section 2093(a). Based upon the evidence submitted including, without limitation any written staff reports regarding alleged violations, the hearing officer will determine whether or not the news rack violates this chapter and should be removed.

B. As soon as is practicable following the close of such hearing, the hearing officer will render a decision on the matter. If the news rack is found to violate this chapter, the hearing officer will issue an order requiring the news rack to be removed within a reasonable time and manner as set forth in the order. The hearing officer will promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including, a copy of the order. The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure Section 1094.6. There is no right to a city council appeal.

(Ord. 1797 § 2, 2004)

At no cost to the city, the news rack will comply with all of the provisions of a removal order. If the news rack owner fails, for any reason, to comply with a removal order within the time required in the order, the administrator will cause the news rack to be removed and impounded by city forces or by private contractor.

(Ord. 1797 § 2, 2004)

The administrator will keep an account of the costs, including incidental expenses, of removing, impounding, and storing such news racks. News rack owners must pay the city all reasonable costs associated with the noticing, removal, and storage of the news rack before regaining possession of such news racks.

(Ord. 1797 § 2, 2004)

Notwithstanding any other provision of this chapter, whenever the administrator, determines that a news rack constitutes an immediate threat or hazard or danger to persons or property, the administrator, without observing procedures set forth in this chapter with reference to news rack removals, will immediately cause such a news rack to be removed in such manner as the administrator determines is reasonably required. If the administrator deems it feasible, the administrator may attempt to give the news rack owner verbal notice of the danger and the proposed timing and removal of the news rack. Where such removal is ordered, the administrator will, after completing the removal of the news rack, comply with the provisions of this chapter.

(Ord. 1797 § 2, 2004)

In the event any news rack installed pursuant to this chapter is not serviced with the publication it is designed to disseminate for a period of over seven days, city reserves the right to remove same pursuant to the procedures set out in Section 12.34.280. For purposes of this section, abandonment shall include, but is not limited to, circumstances where no publication is in the news rack for a period of thirty consecutive days. The owner of any impounded news rack who fails to obtain the release of the news rack within thirty days after impoundment, is deemed to have abandoned the news rack, and the news rack may be disposed of by the administrator in the time and manner prescribed by law, for the disposal of unclaimed personal property pursuant to Chapter 3.28.

(Ord. 1797 § 2, 2004)

A. In addition to the remedies set forth in this chapter, violations of a permit may be enforced as follows:

1. Prosecution as infractions or misdemeanors at the city attorney's discretion;

2. Abated as a public nuisances;

3. Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the permittee operates.

B. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.

(Ord. 1797 § 2, 2004)

In addition to any other general functions, powers, and duties given to the city attorney by this code or California law, the city attorney is authorized to:

A. Prosecute on behalf of the people all criminal and civil cases for violations of this chapter including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief;

B. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the city under this chapter.

(Ord. 1797 § 2, 2004)

All fines, fees, penalties, and interest imposed pursuant to this chapter are civil debts owed to the city by the person fined. In the event that judicial action is necessary to compel payment of any debt owed to the city, the person or persons subject to the fine are also liable for the costs of suit and attorney's fees incurred by the city to collect the fine.

(Ord. 1797 § 2, 2004)