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NS-1247
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Last modified
1/3/2012 1:04:46 PM
Creation date
6/26/2003 10:08:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1247
Date
2/3/1975
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ORDINANCE' NO.'NS-1247 <br />PAGE SIX <br /> <br /> (2) NO issue or edition of any publication shall be allowed <br />to remain in any such machine for a period in excess of four (4) <br />days past the date the next issue is published or disseminated <br />(whichever is sooner). Any issue or edition remaining in a publi- <br />cation vending machine for more than four (4) days after the date <br />the next issue is published or disseminated (whichever is sooner) <br />shall be summarily removed and stored in a convenient location by <br />the director of public works. <br /> <br /> (3) In the event any publication vending machine installed <br />pursuant to this chapter is not serviced with the publication it <br />is designed to disseminate for a period of five (5) days, it shall <br />be deemed abandoned and summarily abated. Thereafter, the custodian <br />shall be notified by certified mail and given thirty (30) days to <br />pay the expenses of removal and storage. If he fails to pay these <br />expenses within thirty (30) days of the date notification is sent, <br />the machine shall be processed as unclaimed property and disposed <br />of pursuant to the provisions of law. For purposes of this section, <br />"is not serviced" shall mean that no issue is in the machine for <br />a period of five (5) days or longer; or an issue that has been <br />followed by a more recent issue, remains in the machine for a <br />period of five (5) days or longer. <br /> <br /> (4) The Director of Public Works shall notify the custodian <br />of such publication vending machine of such removal and storage as <br />soon thereafter as practical, but in any event no later than five <br />(5) days thereafter. <br /> <br /> SECTION ll: That section 10-233 of the Santa Ana Municipal <br />Code is hereby amended to read as follows: <br /> <br />Sec. 10-233. Removal of Publication Vendin9 Machines <br /> <br /> (1) Within thirty (30) days after this ordinance becomes <br />effective if any publication vending machine is not properly iden- <br />tified as to the owner or custodian thereof, a copy of Section <br />10-231 (the identification requirement) shall be sent by certified <br />mail, return receipt requested, to the publisher of the publication <br />sold in the machine, and a copy of said section will be posted on <br />said machine. <br /> <br /> (2) If any publication vending machine is properly identified <br />but in the opinion of the Director of Public Works is installed <br />used or maintained in violation of any other provisions of this <br />Article, an order to correct the offending condition shall be sent <br />by certified mail, return receipt requested, to the owner or cus- <br />todian of said machine. Such order shall specifically describe <br />the offending condition and recommend actions necessary to correct <br />it. <br /> <br /> (3) If within five (5) working days after the mailing of <br />notice, a machine is not properly identified or the offending <br />condition is not correct, or the owner or custodian has not re- <br />quested a hearing before the Director of Public Works or his <br />designated representative, the offending publication vending <br />machine and its contents shall be removed and stored in a con- <br />venient location by the Director of Public Works. <br /> <br /> <br />
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