HomeMy WebLinkAbout2016-08-02 Ordinance08-02-16
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Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ16-00005)
ORDINANCE NO.
ORDINANCE REZONING PROPERTY LOCATED AT 818 SOUTH DUBUQUE
STREET FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO PUBLIC (P-1) ZONE.
(REZ16-00005)
WHEREAS, the applicant, Johnson County Board of Supervisors., has requested a rezoning of 3,749
square feet of property located at 818 South Dubuque Street from Intensive Commercial (CI -1) Zone to
Public (P-1) Zone; and
WHEREAS, the rezoning is being requested to reflect public ownership of the property and to allow for
redevelopment of the Johnson County Ambulance Building in conjunction with the abutting property to the
north; and
WHEREAS, the P-1 zone is intended for uses such as schools, parks, police and fire stations, and other
civic buildings owned or otherwise controlled by the County, the City, or the Iowa City Community School
District; and,
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of Intensive Commercial (CI -1) to Public (P-1):
AUDITOR'S PARCEL 2015074, THAT PORTION OF AUDITOR'S PARCEL 99001 IN
BLOCK 28 OF COUNTY SEAT ADDITION IN THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY,
IOWA DESCRIBED AND SHOWN ON THE PLAT OF SURVEY RECORDED IN
BOOK 59, PAGE 365 IN THE RECORDS OF THE JOHNSON COUNTY, IOWA
RECORDER'S OFFICE.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Ordinance No.
Page 2
Passed and approved this day of 2016.
MAYOR
ATTEST:
CITY CLERK
Approved by:
City Attorneys Office X///��
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 08/02/2016
Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas,
Thtogmorton, Botchway, Cole. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
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NSON COUNTY
LANCE SERVICE AND MEDICAL EXAMINER FACILITY
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
JULY 7, 2016 —7:00 PM —FORMAL MEETING
EMMA HARVAT HALL — CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Ann Freerks,
STAFF PRESENT: Sara Hektoen, Bob Miklo
OTHERS PRESENT: Josh Busard, Ron Amelon, Mike Rittenmeyer
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-0 (Hensch abstaining, Freerks absent) the Commission recommends approval of
REZ16-00005 a rezoning from Intensive Commercial (CI -1) to Neighborhood Public (P-1) for
3,739 square feet of property located at 818 S. Dubuque Street.
By a vote of 6-0 the Commission recommends approval of SUB16-00007 an application
submitted by Hochstedler Building and Development for a preliminary plat of Glenwood Springs,
a 13 -lot, 22.31 acre residential subdivision located at Dane Road SW and Highway 218 subject
to the final plat addressing 1) dedication of Dane Road right-of-way and 2) an easement to allow
access to Palisades Place if the adjacent property develops for a residential subdivision in the
future.
By a vote of 6-0 the Commission recommends that the City forward a letter to the Johnson
County Board of Adjustment recommending that if a Conditional Use Permit is granted to allow
a truck equipment and storage business at 4525 Taft Ave, it be limited to a period of 15 years
with a possibility of future renewals.
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none
REZONING ITEM (REZ16-00005):
Discussion of an application submitted by Johnson County Board of Supervisors for a rezoning
from Intensive Commercial (CI -1) to Neighborhood Public (P-1) for approximately .086 acres of
property located at 818 S. Dubuque Street.
Hensch abstained from the discussion of this item due to his employment with Johnson County
and left the room.
Miklo began the staff report noting that the property to the north was recently rezoned from
Planning and Zoning Commission
July 7, 2016 — Formal Meeting
Page 2 of 7
Intensive Commercial (CI -1) to Neighborhood Public (P-1) to allow for the redevelopment of the
Johnson County Ambulance Center. The County has recently purchased the property to the
south which contained a house that has been removed, and the proposal is to rezone the parcel
Public so the entire piece owned by the County is zoned Public for the redevelopment of the
ambulance center.
Miklo explained that the Iowa City Zoning Code contains the Public zone to notify adjacent
property owners that it is owned by the public and is not subject to the typical zoning
regulations, there are some site development standards, but as long as it is used for a public
purpose uses are not limited. Miklo showed a rendering of what was being built on the property.
The property is in the Riverfront Crossings District and the County has made a good attempt to
make the building compatible with the character envisions for that district.
Staff is recommends approval of REZ16-00005, an application submitted by Johnson County for
a rezoning from CI -1 to P-1 for 3,739 square feet of property located at 818 S. Dubuque Street.
Dyer asked why this project was already under construction if the zoning request has not
already been approved. Miklo said the County applied for this rezoning some time ago but it
has been delayed getting on the agenda, so the building official did issue a building permit
subject to the rezoning. He noted the building official was comfortable doing so because there
really isn't much of a choice, if a public entity owns a piece of property it needs to be zoned
Public.
Parsons opened the public hearing.
Josh Busard (Director, Johnson County Planning, Development and Sustainability) came
forward to answer any questions the Commission has. He noted that the new building is also
the medical examiners building, not just for ambulance.
The Commissioners had no questions for Busard.
Parsons closed the public hearing.
Theobald moved to approve REZ16-00005 a rezoning from Intensive Commercial (CI -1) to
Neighborhood Public (P-1) for 3,739 square feet of property located at 818 S. Dubuque
Street.
Signs seconded the motion.
A vote was taken and the motion passed 5-0 (Hensch abstaining, Freerks absent).
(Hensch returned to the meeting room)
DEVELOPMENT ITEM (SUB16-00007):
Discussion of an application submitted by Hochstedler Building and Development for a
preliminary plat of Glenwood Springs, a 13 -lot, 22.31 acre residential subdivision located at
Dane Road SW and Highway 218.
Miklo explained that this property is outside of the City limits but is within the two-mile fringe
N
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Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240;$194-M6-5240:.
(REZ16-00005) -- --
ORDINANCE NO.
ORDINANCE REZONING PROPERTY LOCATED AT 018 SOUTH DUBUQUE
STREET FROM INTENSIVE COMMERCIAL (CI -1) ZON TO PUBLIC (P-1) ZONE.
\ (REZ16-00005)
WHEREAS, the applicant, John n County Board of Supervisors, has requested a rezoning of 3,749
square feet of property located at 81 South Dubuque Street from ntensive Commercial (CI -1) Zone to
Public (P-1) Zone; and
WHEREAS, the rezoning is being req sted to reflect public nership of the property and to allow for
redevelopment of the Johnson County Amb lance Building in co junction with the abutting property to the
north; and /
WHEREAS, the P-1 zone is intended for use such as sc
civic buildings owned or otherwise controlled by t County,
District; and,
WHEREAS, the Planning and Zoning
recommended approval,
NOW, THEREFORE, BE IT ORDAINED BY THE
IOWA:
;, parks, police and fire stations, and other
City, or the Iowa City Community School
reviewed the proposed rezoning and has
COUNCIL OF THE CITY OF IOWA CITY,
SECTION I APPROVAL. Property described bel): is hc�eby reclassified from its current zoning
designation of Intensive Commercial (CI -1) to Public (P- \
AUDITOR'S PARCEL 2015074, THAT PO ION OF AUDITOR'S PARCEL 99001 IN
BLOCK 28 OF COUNTY SEAT ADDITION N THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTIO 15, TOWNSHIP 'F.9 NORTH, RANGE 6
WEST OF THE FIFTH PRINCIPAL ME IDIAN, IOWA CITY,\JOHNSON COUNTY,
IOWA DESCRIBED AND SHOWN 0 THE PLAT OF SURVEY RECORDED IN
BOOK 59, PAGE 365 IN THE REC RDS OF THE JOHNSON COUNTY, IOWA
RECORDER'S OFFICE.
SECTION Il. ZONING MAP. The buildin official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to cc orm to this amendment upon the fi4l passage, approval and
publication of the ordinance as approved b law.
SECTION IV. CERTIFICATION AND ECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and dire ed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnsop County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinan , as provided by law.
SECTION V. REPEALER. All or ' ances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Prepared by: Sara Hektoen, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 4b
(VAC15-00007) -
ORDINANCE NO.
ORDINANCE VACATING COTTONWOOD AVENUE EAST OF YEWELL STREET
(VAC16-00001)
WHEREAS, the applicants, Judith and Laura Crossett, have requested that the City vacate and
convey to them that portion of the Cottonwood Avenue public right-of-way between 1402 Yewell Street and
1502 Yewell Street, approximately 7,441 square feet; and
WHERAS, this request has been made to facilitate construction of an addition to the property at
1420 Yewell Street; and
WHEREAS, this portion of the Cottonwood Avenue right-of-way is not currently utilized by the public
for access or circulation and no public water and sanitary sewer utilities exist on this portion of the right-of-
way; and
WHEREAS, MidAmerican Energy Company does have an electric utility over the southerly forty feet
of the area to be vacated, which they desire to retain; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of the
portion of Cottonwood Avenue right-of-way east of Yewell Street and has recommended approval of the
application subject to a shared access easement and necessary utility easements, as may be applicable and
necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way
described as follows subject an electric utility easement over the southerly 40 feet thereof:
THAT PORTION OF COTTONWOOD AVENUE LOCATED EAST OF YEWELL STREET
BETWEEN LOTS 77 AND 78, KIRKWOOD HEIGHTS ADDITION TO IOWA CITY, IOWA, AS
SHOWN IN PLAT BOOK 3, PAGE 137 IN THE RECORDS OF THE JOHNSON COUNTY,
IOWA RECORDER'S OFFICE.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 120.
XT -17 •:
ATTEST:
CITY CLERK
Approved by:
City Attorney's Office 7/-7 /��
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botehway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 07/19/2016
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas,
Throgmorton. NAYS: None. ABSENT: None.
Second Consideration 08/02/2016
Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole, Dickens. NAYS: None. ABSENT: None.
Date published
mmw-nmrg�
5
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 16 OF THE CITY CODE, ENTITLED "PUBLIC WORKS,"
CHAPTER 1, ENTITLED, "STREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY," TO
ESTABLISH A PERMIT SYSTEM FOR USE OF NEWSPAPER BOXES IN PUBLIC RIGHT OF
WAY.
WHEREAS, the City of Iowa City has an interest in preserving the aesthetics and safety of public right
of way and City Plaza for its residents, visitors, and businesses; and
WHEREAS poor maintenance of publishers' boxes (aka, newspaper boxes) in its downtown has
created aesthetic and safety concern for residents, visitors, and downtown business; and
WHEREAS, this ordinance is not intended to limit persons from exercising their First Amendment
constitutional right but rather its goal is to ensure the safety and aesthetics of the City for the enjoyment of
residents and visitors; and
WHEREAS, regulating the placement of items in the public right of way and City Plaza ensures the
safe movement of pedestrians; and
WHEREAS, this ordinance furthers the health, safety and welfare of the City, and it is in the best
interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 16, entitled "Public Works," Chapter 1, entitled "Streets, Sidewalks and Public Right of Way,"
Article A, entitled "Streets, Sidewalks and Public Right of Way Generally," by adding a new Section 11,
entitled " Publishers' Box Maintenance Code," as follows:
A. Permit Required: No person shall place or maintain any publishers' box on public right of way or
on City Plaza without first obtaining a permit.
B. Definition: Publishers' box means any machine or other enclosed box used for distributing
newspapers or other printed material while offering or displaying the material for sale or free
distribution and capable of operation by pedestrians without the assistance of an attendant.
C. Deadline: All publishers' boxes presently on public right of way and on City Plaza shall be
removed within thirty (30) days of the effective date hereof, unless a permit has been issued.
D. System: A permit system to enforce the Publishers' Box Maintenance Code shall be adopted by
resolution
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION.:
Violation of this Chapter shall be a municipal infraction.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 2016
MAYOR
ATTEST:
CITY CLERK
Approved by��
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 08/02/2016
Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole, Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
r
��-;�`.®�r CITY OF IOWA CITY
�� MEMORANDUM
DATE: JUULY 27, 2016
TO: CITY COUNCIL L
FROM: SUSAN DULEK, ASSISTANT CITY ATTORNEY j
RE: ORDINANCE TO REGULATE THE MAINTENANCE OF NEWSPAPER BOXES
Officer Schwindt's Observations and Conversations
During his patrols Officer David Schwindt, the Downtown Liaison Officer, is always noticing safety and
aesthetic issues. Newspaper boxes (or what in the proposed ordinance are called "publishers' boxes")
are one of the issues Officer Schwindt has noticed because many boxes seem to be abandoned and
many are covered with graffiti. Additionally, the abandoned boxes get filled with trash and other items
adding to the aesthetic issue. This became more of a priority for Officer Schwindt after a discussion
with Nancy Bird, who asked him about removing the boxes that seem to be abandoned. This
conversation was the catalyst for Officer Schwindt to contact the City Attorney's Office about solutions
to the issue.
Legal Analysis
Not only is the content of newspapers constitutionally protected under the First Amendment, their the
means of distribution is as well. Iowa City may enact an ordinance regulating the aesthetics and
functionality of newspaper boxes so long as the ordinance is content neutral (meaning that it applies to
all boxes regardless of the type of publication), is narrowly tailored to serve significant government
interests of safety and aesthetics, and leaves open ample alternative channels for communication of
the information (the boxes cannot be prohibited throughout the ped mall or on all sidewalks and the
newspapers must be able to be delivered by means other than a box). See generally, Ward v. Rock
Against Racism, 491 U.S. 781 (1989).
In Lauder, Inc. v. City of Houston, 751 F.Supp.2d 920 (S.D. Tex. 2010), the publisher of a free, monthly
newspaper sued the City of Houston alleging that the city ordinance, which required publication boxes
on the right of way to meet certain material, size, and placement standards and required publishers to
obtain permits for their publication boxes, violated the First Amendment. Id. at 928. In a detailed
opinion, the Court rejected the publisher's argument and upheld the city ordinance. The Court
concluded that the City of Houston had a substantial interest in regulating the aesthetics and public
safety of newspaper publication boxes, and the city's asserted substantial interests were supported with
sufficient evidence. Id. at 930. To demonstrate the substantiality of its aesthetics interest, the City of
Houston put on photographic evidence showing "a jumble of newsracks of various colors and heights,
often askew or overturned." Id. at 930-31. The City of Houston also provided letters from area
businesses complaining about the litter and visual blight caused by unsightly new racks. Id.
The City of Houston Court further concluded that Houston's ordinance was narrowly tailored to address
its asserted interests (aesthetics and public safety). Id. at 933. The Court also concluded that the
publisher has ample alternatives for distribution because if the publisher did not want to abide by the
city's regulation of newsstands on public right of way, it could distribute its publication in publication
boxes on private property, online, and through door-to-door distribution. Id. at 938-40.
Limiting the scope of the ordinance is vital to avoid constitutional issues. Attached to this Memo are
photographs provided by Officer Schwindt which combined with what he has gathered from talking to
downtown business owners and Nancy Bird, Iowa City is justification for the proposed limited ordinance
on aesthetics and safety grounds.
Boxes Currently Being Used and Officer Schwindt's Contacts with Publishers
Officer Schwindt spent some time determining what boxes presently are on the ped mall and sidewalks,
who owned them, and if they appeared to be used. He then contacted the publishers he could find. The
three main, active publishers who use these boxes are: Little Village; Daily Iowan; and Tidbits.
Officer Schwindt shared a draft of the ordinance and the permitting policy in person, by phone, or email
with a representative of each of these publications. A couple small changes were made in response to
a meeting with Matt Steele of the Little Village, which addressed his concerns. The Daily Iowan staff
had a few questions, and Officer Schwindt and I were able to resolve their concerns. Tidbits had no
concerns with the proposal.
There are boxes from other publishers such as: Pulse; Apartment Finder; The Black Sheep; and Ad
Sheet. These boxes are no longer used, but are still located on the public right of way in many places.
They are deteriorating, contain garbage, and have graffiti and stickers on them.
Posed Ordinance and Permitting Policy
The ordinance simply requires a permit within 30 days of the effective date. The details of the permit are
contained in a resolution, which is not on the agenda for August 2, but will be on the agenda for
consideration should council approve the ordinance. I have attached the proposed policy, the major
provisions of which are: a) no fee for the permit; b) the box must be maintained in good working order; c)
the box cannot be located near crosswalks and fire hydrants; and d) the location of the box must allow a
minimum of five feet of unobstructed walkway. These restrictions are less onerous than those upheld by
the Court in Lauder, Inc. v. City of Houston.
Enc.
Copy w/enc. to:
Eleanor M. Dilkes, City Attorney
Geoff Fruin, Interim City Manager
Marian K. Karr, City Clerk
David Schwindt, ICPD Officer
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PUBLISHERS' BOX MAINTENANCE CODE PERMIT POLICY
(Adopted in Res. 16- )
Definitions Person means any natural person, corporation, association or other entity including,
but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private
agency of any kind, a utility, or any other legal entity.
Publishers' Box means any machine or other enclosed box used for distributing newspapers or
other printed material while offering or displaying the material for sale or free distribution and
capable of operation by pedestrians without the assistance of an attendant.
Permit Required No person shall place or maintain any publishers' box on public right of way or
on City Plaza without first obtaining a permit.
Application An application for a permit shall be filed with the Public Works Dept. on a form
provided by the City.
Issuance The Public Works Director or designee shall issue a revocable permit to maintain a
publishers' box after:
a. receipt of a completed application that includes the name of the publisher, the
name of the publication, and a mailing address for the publication; and
b. the applicant provides a telephone number and electronic mail address at
which a contact person can be reached; and
c. the applicant provides assurance that it shall comply with all conditions of the
City ordinances and the permit system.
Duration Each permit shall remain valid for a period of 12 months from issuance. The City will
provide a notice of renewal via electronic mail.
Conditions of Permit/Maintenance Requirements The maintenance conditions of the permit are:
a. The box shall be marked with the name of the publisher and/or publication.
b. The box shall be maintained in good working order at all times including no
broken or missing parts.
c. If the box is malfunctioning, vandalized or otherwise damaged, it shall be
repaired within 7 calendar days of City notification of any such damage.
d. The box shall be kept clean and free of graffiti and refuse, pasted handbills,
and debris of any description, including ruined or out -dated publications
(defined as any publication with a cover date more than 45 days past).
e. The box shall be placed or maintained no closer than three feet from a fire
hydrant.
f. The box shall be placed or maintained no closer than 15 feet of a crosswalk
as defined in Section 9-1-1 of the City Code.
g. The box shall be placed or maintained in a manner that allows at least 5 feet
of unobstructed walkway.
h. The box shall not be locked or affixed to a pole, bicycle rack, bench, or any
other public amenity.
i. Except for the name or branding of the publication, the box shall not contain
any third -party advertising or any display of the type and name of a product,
good or service of a third -party.
Assignment The sale or assignment of a publishers' box permit is expressly prohibited unless
approved in writing by the Public Works Director or designee.
Revocation and Suspension If the Public Works Director or designee finds that a city ordinance,
state law, federal law, or a provision of the "Publishers' Maintenance Code Permit Policy" has
been violated, any permit may be revoked or suspended. The Public Works Director or
designee shall notify the permit holder of the violation by notifying the permit holder of the
violation, in writing, at the physical and electronic addresses listed on permit application. The
notice of violation shall state the following:
a. The City's intent to revoke or suspend the publishers' box permit.
b. A description and a photograph of the reason for the revocation or suspension
with reference to the applicable City ordinance, state law, federal law, or permit
provision.
c. Actions that must be taken by the permit holder to remedy the violation.
d. The place and time of a hearing at which the permit holder will be given the
opportunity to present a written or oral statement to the City Manager or
designee if the permit holder believes that there are not grounds for revocation or
suspension. The City Manager or designee will provide the permit holder with a
written decision if the permit holder presents written or oral statements.
e. A statement that the publishers' box will be promptly removed by the City without
further notice to the permit holder if the permit is revoked or suspended.
Removal If the publishers' box permit is revoked or suspended, the City may remove the
publishers' box without further notice to the permit holder. If the publishers' box is removed, the
City shall store it for 30 days. If the permit holder does not claim the publishers' box within 30
days of its removal, it will be considered abandoned, and the City may dispose of it.
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