(a) Notice. If at any time it is determined by the Town that a newsrack is not in compliance with the requirements of this Article, a Notice of Intent to Remove shall be issued in writing to the publisher or distributor at the address shown in the publication. Service shall be by certified mail, return receipt requested, and shall be deemed accomplished three (3) mailing days after the date the notice is deposited in the United States Mail. Such notice will state the violation that constitutes the basis of the proposed removal and the date, time and place for the hearing to be held before removal.

(b) Hearing. The hearing shall be not less than ten (10) days after the date of service of notice. Prior to the hearing, the publisher or distributor or his or her designee may file a written response to the notice specifically setting forth the reasons the newsrack should not be removed. At the hearing, the Town Manager shall determine whether the newsrack complies with the provisions of this Article. In the event the Town Manager determines that the newsrack is not in compliance with this Article, the newsrack shall be removed or otherwise brought into compliance by the owner within ten (10) days after service of the Town Manager’s order. If the newsrack is not removed as required, the Town may remove and dispose of the newsrack. The decision or order of the Town Manager shall be served by certified mailed, return receipt requested, and shall be deemed accomplished on the third day following deposit of the notice in the United States Mail.

(c) Appeal. The publisher or distributor may appeal any decision or order of the Town Manager to the Town Council. Any appeal shall be filed in writing within ten (10) days after the decision of the Town Manager and shall specify the basis for the appeal. The Town Council shall consider the appeal based on the written submissions only. (Prior code 12.06.080; Ord. 1288 §1, 2008)