A. Any newsrack located within any public right-of-way within Everett that is abandoned or violates a requirement of this chapter is hereby declared to be an unlawful obstruction and may be summarily impounded by the city. If impounded, the newsrack shall be removed to a temporary storage site of the city’s choosing. An owner may recover an impounded newsrack by paying the impound fee at the office of the city clerk. No fee shall be required for release of newspapers or other printed materials.

B. If the city can reasonably identify the permit holder or other responsible person of a newsrack, either by permit application or otherwise, the city will enforce this chapter pursuant to Section 13.92.150 prior to impounding a newsrack.

C. Regardless of subsections A and B of this section, the city may summarily impound a newsrack without notice if the newsrack poses an immediate danger to pedestrians or vehicles. If the city can reasonably identify the permit holder or other responsible person for the newsrack, the city shall notify the permit holder or other responsible person in writing, by first class mail, of the summary removal, within ten days of such removal.

D. The city may dispose of an impounded newsrack if, within thirty days of impoundment, the permit holder or other responsible person has not claimed the newsrack and paid the impound fee.

E. Fees for impounding a newsrack shall be measured by the city’s cost and expense of impounding. (Ord. 3195-10 § 14, 2010.)