§ 464.40. Submission of master list and other items.

(a) Duties of director. The director is responsible for fairly coordinating and administering the physical placement of newsracks as provided for in this chapter, for ensuring that the items described in this chapter are properly submitted, and for enforcing this chapter.

(b)

Submissions. Before any newsrack may be installed, and at least every three (3) months thereafter, each newsrack owner shall submit to the director a master list, as well as any fee, hold harmless agreement, and certification required under this chapter. The master list shall specify each newsrack location in numerical order and shall contain the following information and attachments:

(1)

The name, address and telephone numbers of each owner of the newsrack.

(2)

The name, address and telephone number of a responsible person to whom the city may provide notice or contact at any time concerning the newsrack(s), which notice, if given, shall bind and be deemed actual notice to the owner(s) of the newsrack.

(3)

The specific location of each newsrack, listed individually and numerically, including any identifying information for the location, such as a corresponding street address and specific corner of an intersection, where applicable.

(4)

Information that allows the director to easily determine whether each newsrack location contained in the list is:

a.

A new location (relative to the most recent master list submitted);

b.

An existing location (relative to the most recent master list submitted); or

c.

That a newsrack location has been removed from the list.

(5)

The fee as established pursuant to section 464.60.

(6)

A fully executed hold harmless agreement as required by this chapter.

(7)

A certification, signed by an individual with the requisite corporate or other power and authority to bind the applicant, which states that the applicant has reviewed, understands, and will comply with all requirements of this chapter, and that all information contained in the master list is truthful, accurate, complete and up-to-date.

(c)

Issuance of certificate of compliance. Upon a finding by the director that the applicant and all owners of the newsrack are in compliance with the provisions of this chapter for

(1)

The proposed newsrack location; and

(2)

All other existing newsrack locations, the director shall cause to be issued a certificate of compliance. Such issuance shall be made within fifteen (15) working days of the city's receipt of the completed application.

(d)

Denial of certificate of compliance. If a certificate of compliance for one or more newsrack locations applied for shall be denied, the applicant shall receive notice of the denial in writing within fifteen (15) working days of the city's receipt of the completed application. The applicant shall be advised of the specific cause of each such denial by the director. The applicant may amend the application and reapply for the same location, or apply for a substitute alternative location, subject to a reprocessing fee for the first reapplication in an amount determined by a resolution of the city council. Any subsequent reapplications shall be subject to the standard application fee. A denial may be appealed pursuant to section 464.70.

(e)

Additional certificate of compliance. If, at any time after initial application for a certificate of compliance to install a newsrack, an owner wishes to install additional newsracks at additional locations, then subsections (c) and (d) above are to be repeated in accordance with the provisions of this chapter.

(f)

Lapse of unused certificates. Any certificate of compliance not used to install a newsrack within thirty (30) days from the date of issuance shall be void and automatically deemed revoked, and the owner's newsrack shall not be installed at that location. (2008-Or-104, § 1, 12-12-08)