San Leandro Municipal Code Art. 7 Miscellaneous

(Legislative History: Ordinance No. 2005-004, 6/6/05 (Sections 5-6-700—5-6-715))

Except as otherwise provided in this Article, a newsrack lawfully in existence on the effective date of the ordinance codified in this Chapter will not be required to come into compliance with this Chapter for the earlier of: (a) 30 days after receiving written notice from the City requiring compliance; or (b) 90 days following the effective date of the ordinance codified in this Chapter, provided that within 30 days following the effective date, the newsrack's operator provides the Director with a written report identifying the location of such newsrack.

A newsrack lawfully in existence within a Special Newsrack District after the Director has made a final determination as to the boundaries of such district ("boundary determination"), shall be allowed to remain at the same location for 60 days following installation and written notice of availability of modular newsracks within the Special Newsrack District, provided that within 30 days following the boundary determination, the newsrack operator provides the Director with a written report identifying the number and location of each such newsrack within the Special Newsrack Districts.

Each newsrack operator installing, operating or maintaining a newsrack upon public property or within the public right-of-way in the City shall agree, prior to issuance of a newsrack permit, to indemnify, defend and hold harmless the City, its officers, officials, employees, agents and volunteers from any loss, liability, damage, claims, expenses or cost (collectively "liability") sustained by any person or property, arising from the installation, operation, maintenance or use of such newsrack, except such liability caused by the sole negligence or wilful misconduct of the City.

Any applicant or newsrack operator may appeal any action, decision or determination made pursuant to the provisions of this Chapter to the City Manager or designee. Such appeal shall be made in writing and filed with the City Manager's office within 10 days following date of the action, decision or determination. The matter shall be scheduled to be heard by the City Manager (or designee) within 10 days following receipt of the appeal, or on a date mutually agreeable to the parties. The hearing shall be informal, but both sides may give oral and written evidence. At the conclusion of the hearing on the appeal, the City Manager (or designee) shall affirm, modify, or vacate the action, decision or determination being appealed. The appellant shall be informed that the decision of the City Manager (or designee) is final and subject to immediate judicial review.