eLaws | eCases | Illinois Compiled Statutes | Illinois Administrative Code | Illinois Courts | Counties & Cities of Illinois | Code of Federal Regulations | United States Code |
 Aurora
 Code of Ordinances
 Chapter 28. NEWSPAPER DISPENSING DEVICES

  § 28-3. Removal of newspaper dispensing devices.

Latest version.

  • (a)

    If any newspaper dispensing device is placed or remains within the central business district or at the Route 25 Transportation Center or Route 59 Transportation Center in violation of this chapter, the director of downtown maintenance/motor vehicle parking system shall send, by certified mail, with return receipt requested, a written notice to the address of the owner or user of the newspaper dispensing device. The notice shall state a description of why the newspaper dispensing device is in violation of the requirements of this chapter; that the owner or user is ordered to cause immediate removal of the newspaper dispensing device from the public property; and that the newspaper dispensing device shall be removed by the city after a date designated in the notice. The date shall be no less than ten (10) calendar days after the date the notice is mailed or first posted, as the case may be, unless the owner or user requests a hearing before the city council by filing a written appeal with the city finance director/treasurer on or before the designated removal date.

    (b)

    If any materials are placed in a city-owned uniform newspaper dispensing device without a permit therefore being issued, or after the expiration or revocation of a previously issued permit, or the materials are deemed abandoned, or unclaimed, or in violation of any other provision of this chapter, the director of downtown maintenance/motor vehicle parking system shall send, by certified mail, with return receipt requested, a written notice to the address of the user. The notice shall state a description of why the materials are in violation of the requirements of this chapter; that the user is ordered to cause immediate removal of the materials; and that the materials shall be removed by the city after a date designated in the notice. The date shall be no less than ten (10) calendar days after the date the notice is mailed or first posted, as the case may be, unless the user requests a hearing before the city council by filing a written appeal with the city finance director/treasurer on or before the designated removal date.

    (c)

    When any appeal is filed pursuant to this section, the city council shall set a hearing on the appeal at its next regularly scheduled city council meeting and notice of such time and place shall be given. Any newspaper dispensing device or materials located in a city-owned uniform newspaper dispensing device shall remain in place during the appeal period. In making its determination, the city council shall only consider the standards set forth in this chapter. Its decision shall be rendered on the same day as the hearing. The decision of the city council shall be final.

    (d)

    If any newspaper dispensing device is still within the central business district or at the Route 25 Transportation Center or the Route 59 Transportation Center after the ten (10) day period described in sub-section (a) above, or if an appeal is made and denied after hearing before the city council, the director of downtown maintenance/motor vehicle parking system shall cause the removal of the newspaper dispensing device. Similarly, if any material located in a uniform newspaper dispensing device remain in the uniform newspaper dispensing device after the ten (10) day period described in sub-section (b) above, or if an appeal is made and denied after hearing before the city council, the director of downtown maintenance/motor vehicle parking system shall cause the removal of the materials.

    (e)

    The owner of any newspaper dispensing device removed in accordance with the terms of this section shall be responsible for all the expenses of the removal, storage and disposal of such newspaper dispensing device. Likewise, the owner of any material placed in a uniform newspaper dispensing device removed in accordance with the terms of this section shall be responsible for all the expenses of the removal, storage and disposal of such materials. Should the newspaper dispensing device or materials fail to be claimed or should the owner fail to pay any money due the city, such newspaper dispensing device or materials shall be unclaimed property and may be disposed of pursuant to law.

(Ord. No. O04-118, § 1, 11-23-04)