Ordinance 2002-161 - Laserfiche WebLink

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(d) Third priority shall be given to commercial racks. (e) Fourth priority shall be given to publications that have had difficulty obtaining a site within three (3) city blocks due to the unavailability of space. (f) Fifth priority shall be given to any second rack of a publication that already has a first rack within a group of six (6) subject to available space. Section 8. Revocation of Permits. In the event that the City Manager or his designee determines that a publishing entity is not in compliance with this Ordinance, a letter or a written statement shall promptly be provided to the publishing entity specifying the reasons for non- compliance. The publishing entity shall have thirty (30) days to comply with this Ordinance. Failure to comply shall result in the revocation of the permit issued for the noncompliant newsrack. Section 9. Newsrack Mountine: Standards. (A) Every newsrack located on public and private rights-of-way, publicly and privately rights- of-way, publicly owned property, or within the fifty (50)- foot setback on private property, shall be installed level and plumb on a hard surface. Every newsrack on a single pedestal or a multiple post shall be securely bolted to a level, concrete base set in the ground. Each newsrack shall be constructed, installed and maintained in a safe and secure condition. (B) Any damage to public property or public right-of-way at the time of installation or removal of a newsrack shall be the responsibility of the newspaper publisher. Upon removal of the newsrack, the newspaper publisher shall be responsible for restoring the property surface to its pre-installation condition, subject to reasonable wear and tear. (C) With the approval of the City Manager or his designee, newspaper publishers may use other methods to secure the newsrack to the concrete base set in the ground. Section 10. Appeal. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this Ordinance may appeal to the City Commission by filing a written request to the City Manager. The City Manager or his designee shall place the appeal on the agenda of a City Commission meeting scheduled to take place within thirty (30) days from the date of filing the appeal. If the City Commission so determines, it shall direct that the publishing entity has complied with this Ordinance, or it may grant a waiver for good cause shown. Any publishing entity whose appeal to the City Commission has been unsuccessful shall be entitled to recourse in the Circuit Court of the Eleventh Circuit. Section 11. Administrative Fees. An annual administrative fee of thirty dollars ($30.00) per newsrack shall be paid for each newsrack, located on public or private property, to defray the cost of administering and enforcing the provisions hereof. Administrative fee is due upon filing a permit application. N ewsrack Ordinance4 9/5/02 -3:10 PM A:/HO/Disk 11A 10