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HomeMy WebLinkAbout76-47 Amend; Imposing Lien on NewsracksORDINANCE NO. 76- T 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 11-113 OF THE COSTA MESA MUNICIPAL CODE, CONCERNING IMPOSING OF ALIEN ON CONFISCATED NEWSRACKS AND PROVIDING FOR SALE THEREOF. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: WHEREAS, by Ordinance 75-22 (the "Newsrack Ordinance") the City of Costa Mesa has established a comprehensive scheme for the regulation of newsracks on the public rights of way; and WHEREAS, a substantial number of newsracks have been con- fiscated pursuant to Ordinance 75-22 and are now stored in the City's Corporation Yard; and WHEREAS, after compliance with the procedures of Costa Mesa Municipal Code Sections 11-111 through and including 11-113, which provide a method whereby owners of confiscated newsracks are given notice of confiscation, advised as to the location of the newsracks, and are invited to reclaim the same, few newsracks have been so reclaimed; and WHEREAS, the accumulation of large numbers of newsracks in the City's Corporation Yard has created problems of space con- gestion and increased costs to the City in caring for said newsracks; and WHEREAS, disposing of the newsracks pursuant to the pro- visions of law regarding unclaimed property 'requires expensive and time consuming publication and auction requirements while imposing storage liens thereon would allow sales to recover costs of storage. Accordingly, the existing Costa Mesa Municipal Code Section 11-113 dealing with disposal of confiscated newsracks is hereby amended to read as follows: SECTION 2: "Section 11-113. Abatement Procedure. In the event no hearing is requested as in this article provided, after the expiration of the five (5) days set forth in b 1 ORDINANCE NO. 76- T 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 11-113 OF THE COSTA MESA MUNICIPAL CODE, CONCERNING IMPOSING OF ALIEN ON CONFISCATED NEWSRACKS AND PROVIDING FOR SALE THEREOF. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: WHEREAS, by Ordinance 75-22 (the "Newsrack Ordinance") the City of Costa Mesa has established a comprehensive scheme for the regulation of newsracks on the public rights of way; and WHEREAS, a substantial number of newsracks have been con- fiscated pursuant to Ordinance 75-22 and are now stored in the City's Corporation Yard; and WHEREAS, after compliance with the procedures of Costa Mesa Municipal Code Sections 11-111 through and including 11-113, which provide a method whereby owners of confiscated newsracks are given notice of confiscation, advised as to the location of the newsracks, and are invited to reclaim the same, few newsracks have been so reclaimed; and WHEREAS, the accumulation of large numbers of newsracks in the City's Corporation Yard has created problems of space con- gestion and increased costs to the City in caring for said newsracks; and WHEREAS, disposing of the newsracks pursuant to the pro- visions of law regarding unclaimed property 'requires expensive and time consuming publication and auction requirements while imposing storage liens thereon would allow sales to recover costs of storage. Accordingly, the existing Costa Mesa Municipal Code Section 11-113 dealing with disposal of confiscated newsracks is hereby amended to read as follows: SECTION 2: "Section 11-113. Abatement Procedure. In the event no hearing is requested as in this article provided, after the expiration of the five (5) days set forth in y said notice, the Director of Public Services or his designated agents shall take and remove the offending vending machine from the public right of way and store same in the City's Yard. During said storage period, which in no event shall be less than thirty (30) days, storage charges of One ($1.00) Dollar per day per newsrack measured from the date of confiscation shall accure. Said storage charges, shall become a lien upon each newsrack, and the newsracks may then sold'..to..satisfy said lien at the expiration of thirty (30) days. The Director of Public Services shall arrange for such sale, with or without notice, and may do so by auction or other means reasonably calculated to secure the costs of storage. In the event a hearing is held and the owner of a vending machine has satisfactorily established his ownership therein the Director shall return such machine to said owner upon payment of said storage charges." SECTION 3: This ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, a news- paper of general circulation printed and published in the City of Costa Mesa, together with the.names of the members of the City Council voting for and against the same. 1976 PASSED AND ADOPTED this, day of , Mayor --.-of r- esa r ATTEST: APPROVED AS -TO FORM: City Clerk of the Citype City Attorne- of the City of Costa Mesa Costa Mesa -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 76-517 was introduced and considered section by section at a yegular meeting of said City Council held on the Zp day of 1976 and thereafter passed and.adopted as a whole .at a e ular meeting of said City Council held on the - day .of 1976 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: Xl2i ABSENT: COUNCIL MEMBERS IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day. of (e!� 1976. - City Clerk and ex -officio :Clerk f - the City Council of .''the_'C ty Costa Mesa = -3- a STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 76-517 was introduced and considered section by section at a yegular meeting of said City Council held on the Zp day of 1976 and thereafter passed and.adopted as a whole .at a e ular meeting of said City Council held on the - day .of 1976 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: Xl2i ABSENT: COUNCIL MEMBERS IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day. of (e!� 1976. - City Clerk and ex -officio :Clerk f - the City Council of .''the_'C ty Costa Mesa = -3-