§ 7-1.1004. Registration of location and permit process.

(a)

Permit. No person shall install or maintain any newsrack which in whole or in part rests upon, in, or over any public sidewalk or parkway without first obtaining a permit from the Director of Public Works after providing the following in a format acceptable to the City:

(1)

The location of each newsrack to be installed or maintained in the City by the registrant;

(2)

The name, address and telephone number of the registrant;

(3)

Hold harmless statement as required by Section 7-1.1005;

(4)

Proof of insurance as required by Section 7-1.1006;

(5)

Evidence of newsrack identification as required by Section 7-1.1007; and

(6)

Proof of payment for a business tax certificate as required by Section 3-1.102, unless otherwise exempt.

(b)

Application. No more than one completed application per year shall be required per registrant, regardless of the number of newsracks the registrant maintains in the City; provided, that any addition or deletion of newsracks by the permittee shall require an amendment to the application and the issuance of an amended permit. The amended permit shall not extend the expiration date of the original permit.

(c)

Cost and renewal. Each application for a permit or amended permit shall be accompanied by a fee in an amount set annually by resolution of the City Council not to exceed the actual costs of processing and enforcing the permit as issued or as amended. The application shall be submitted together with the appropriate fee and permits shall be renewable on a yearly basis. Renewal applications must be submitted at least thirty (30) days before the permit expiration date.

(d)

Location. From the above information the Director of Public Works shall approve locations and shall be guided therein solely by the standards and criteria set forth in this article. Such application may be granted or denied either in whole or in part when more than one location is proposed by the registrant, and in any event, when denial is solely as to location, it shall be without prejudice to amend such application to state a different location or locations.

(e)

Term. After a properly completed application has been submitted, the Director of Public Works shall have ten (10) days to deny the permit for failure to comply with the provisions of this article or approve and issue the permit as being in compliance with all provisions of this article. The permit shall expire on June 30th of each year regardless of the date it is issued.

(f)

Notification and right to appeal. The Director of Public Works shall immediately notify the applicant in writing when the application for a permit has been denied, and state the facts and reasons therefor; or that the application has been approved and the permit has been issued.

Decisions of the Director may be appealed to the City Manager, in writing, within ten (10) days after such decision. Upon receipt of an appeal, the City Manager shall schedule a hearing and hear the appeal within twenty-one (21) days. The City Manager may grant or deny the appeal within ten (10) days, and provide written notification of the decision within five (5) days thereafter. His or her decision shall be subject to appeal to the City Council in accordance with Section 1-4.01. Fees for appeals, based upon the cost of processing such appeals, may be established by the City Council by resolution.

(g)

Judicial review. When an applicant has received notification of a denial by the City Council, the applicant may seek immediate review of the denial in the Superior Court of the State of California in Ventura County, pursuant to Code of Civil Procedure Section 1094.8.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)