Laserfiche WebLink
of the appeal, including references to relevant documents, and attach any <br /> relevant documents in the aggrieved party's possession that the aggrieved <br /> party reasonably believes supports his or her appeal. <br /> B. The City's hearing examiner shall have jurisdiction over any appeal under <br /> subsection A of this Section. An aggrieved party's appeal shall be deemed to <br /> be a Review Process IIIA action subject to the provisions of Chapter 15.16 <br /> EMC. <br /> Section 14. Removal and impoundment of newsracks — Redemption fee <br /> A. Any newsrack located within any public right-of-way within Everett that is <br /> abandoned or violates a requirement of this Ordinance is hereby declared to <br /> be an unlawful obstruction and may be summarily impounded by the City. If <br /> impounded, the newsrack shall be removed to a temporary storage site of the <br /> City's choosing. An owner may recover an impounded newsrack by paying <br /> the impound fee at the office of the City Clerk. No fee shall be required for <br /> release of newspapers or other printed materials. <br /> B. If the City can reasonably identify the permit holder or other responsible <br /> person of a newsrack, either by permit application or otherwise, the City will <br /> enforce this Ordinance pursuant to Section 15 of this Ordinance prior to <br /> impounding a newsrack. <br /> C. Regardless of subsections A and B of this Section, the City may summarily <br /> impound a newsrack without notice if the newrack poses an immediate <br /> danger to pedestrians or vehicles. If the City can reasonably identify the <br /> permit holder or other responsible person for the newsrack, the City shall <br /> notify the permit holder or other responsible person in writing, by first class <br /> mail of the summary removal, within 10 days of such removal. <br /> D. The City may dispose of an impounded newsrack if, within 30 days of <br /> impoundment, the permit holder or other responsible person has not claimed <br /> the newsrack and paid the impound fee. <br /> E. Fees for impounding a newsrack shall be measured by the City's cost and <br /> expense of impounding. <br /> Section 15. Penalty for violations of this Ordinance <br /> A. Enforcement of the provisions of this Ordinance will be performed in <br /> accordance with Chapter 1.20 of the Everett Municipal Code. <br /> B. No person or entity may violate or fail to comply with any provisions of this <br /> Ordinance. Each person or entity commits a separate offense for each and <br /> every day they commit, continue, or permit a violation of any provision of this <br /> Ordinance. <br /> C. Any violation of this Ordinance is hereby declared to be a nuisance. The City <br /> Attorney is authorized to file for injunctive or other civil relief in any court of <br /> competent jurisdiction. The cost of such action shall be born against the <br /> violator. <br /> 8 <br />