The intent and purpose of this Article is to establish a permit procedure for obtaining advance permission from the City prior to the placement of any pay phone in the public right-of-way, to declare any pay phones installed in the public right-of-way without prior City approval to be a public nuisance as defined by Sections 3479 and 3480 of the Civil Code; and to set forth a method for the removal of any non-permitted pay phones that have been or may be placed on the public right-of-way. The procedure set forth in this Article for removal applies to any pay phone placed in the public right-of-way that the Public Works Director or designee declares to be a public nuisance either by the provision of this Code or any other Ordinance that the City may thereafter adopt.
The procedure set forth in this Article is not intended to be exclusive and is in addition to the procedure for public nuisance abatement that is conferred upon the City by Section 3494 of the California Civil Code, Section 731 of the California Code of Civil Procedure. Section 38773 of the Government Code, or any other lawful authority conferred to the City by State Statutes or this Municipal Code.
(Ord. 04-04 2-17-04)
It shall be unlawful and a misdemeanor for any person owning, leasing, occupying, or exercising control over any property adjoining any portion of the public right-of-way to permit, lease, authorize, or to install, locate, maintain or operate any pay phone on a public right-of-way without having first obtained a permit in writing to do so from the Public Works Director or designee.
(Ord. 04-04 2-17-04)
In order to obtain a pay phone permit, the applicant must first submit a written application to the Public Works Director or designee. The application shall include the following information:
(1) 
A site plan showing the location of the proposed pay phone(s).
(2) 
An elevation of the proposed pay phone design, including lighting, colors, and design.
(3) 
The name, address, and telephone number of the business owner and the name, address, and telephone number of the proposed vending company responsible for installation, maintenance, and billing of the proposed pay phone(s).
(4) 
A written statement whereby the applicant agrees to indemnify, protest, defend, and hold harmless the City of Inglewood, its officers, officials, employees, and agents, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person, as a result of the installation, use, or maintenance of the proposed pay phones.
(5) 
Such other information as required by the Public Works Director or designee. Each application shall be accompanied by a one hundred dollar ($100.00) annual fee.
(Ord. 04-04 2-17-04)
The Public Works Director or designee shall notify the applicant and nearby affected residents or businesses of the time and place of a hearing before him or her, by giving such notice at least ten days prior to the scheduled hearing date, by mailing a letter notice, first-class mail, to the applicant, and to the owners of the property within a three-hundred-foot radius of the pay phone that is the subject of the hearing, using for this purpose the last known name and address of such owners as shown upon the assessment roll of this County. The Public Works Director or designee may give such further notice to the persons affected as deemed necessary to insure a fair hearing.
(Ord. 04-04 2-17-04)
The Public Works Director or designee shall deny the application for a pay phone permit at a particular location for any of the following reasons:
(1) 
The application submitted is incomplete or otherwise fails to comply with the requirements of Section 10-162 of the Inglewood Municipal Code.
(2) 
There are already sufficient pay phones at the proposed location to meet the needs of the community.
(3) 
The proposed pay phone does not provide sufficient clear space for the safe passage of pedestrians or vehicles.
(4) 
The width of the sidewalk or other public right-of-way is not adequate for the installation of pay phones.
(5) 
The sidewalk or other ground support will not adequately support the installation of pay phones at the proposed location.
(6) 
The density of the pedestrian or vehicle traffic at the proposed location might reasonably create an unsafe condition for others.
(7) 
The proposed pay phone might reasonably create a visual blight at the proposed location.
(8) 
There is a reasonable likelihood that the proposed location of the pay phone could create a substantial risk of encouraging loitering, solicitation, or criminal transactions such as drug sales, or otherwise could interfere with the safe and peaceful enjoyment of the public right-of-way by City residents, visitors, and businesses.
(9) 
The applicant has not paid the required annual permit fee.
(Ord. 04-04 2-17-04)
The following conditions shall be placed on the approval of any pay phone permit:
(1) 
All pay phones shall be maintained in a clean, neat, and damage-free operable condition at all times;
(2) 
All pay phones shall be installed in compliance with applicable state and Federal law, including, but not limited to, the requirements of the Federal Americans with Disabilities Act;
(3) 
All pay phones made incapable of receiving incoming calls shall be posted as such;
(4) 
All pay phones shall be placed in close proximity to the place of business;
(5) 
The phone area and any immediate area providing access to the telephone shall be well lit, but not so that it creates a nuisance to surrounding properties, business, or traffic;
(6) 
The telephone style/mounting shall be approved by the Public Works Director or designee;
(7) 
Applicant must obtain a City business license from the Finance Department before the approval of the permit; and
(8) 
The Public Works Director or designee may impose any other conditions as may be reasonably required to maintain the public health, safety, and welfare of the community.
(Ord. 04-04 2-17-04)
The applicant or any person dissatisfied with the determination of the Public Works Director or designee relative to his or her application for a pay phone permit, the revocation of a previously issued pay phone permit, or the determination to remove a pay phone as a public nuisance, may appeal to the City Administrator from said determination, provided a written notice of appeal is filed not later than ten days from the date of the notice to the affected party(s) of the determination made. A twenty-five dollar ($25.00) fee shall be paid at the time of filing an appeal. A notice of the date, time, and location of the scheduled appeal shall be sent at least ten days prior to the scheduled hearing date to the appealing party, and nearby residents or businesses by mailing a letter notice, first-class mail to the appealing party, the original applicant, and to the owners of the property within a three-hundred-foot radius of the pay phone that is the subject of the hearing, using for this purpose the last known name and address of such owners as shown upon the assessment roll of this County. The City Administrator's determination following a hearing shall be final and conclusive in the matter.
(Ord. 04-04 2-17-04)
In the event a pay phone is issued, it shall be in written form and when received by the applicant it must be posted in a conspicuous place on the pay phone for which such permit was issued and shall remain so posted during the entire period that the permit shall be in force.
(Ord. 04-04 2-17-04)
Any pay phone permit issued pursuant to this Article may be revoked or not renewed by the Public Works Director or designee on the basis of any of the following:
(1) 
The placement of a pay phone at the location has encouraged loitering, solicitation, or criminal transactions such as drug sales, or otherwise has interfered with the safe and peaceful enjoyment of the public right-of-way by City residents, visitors, and businesses.
(2) 
The Permittee has not paid the required annual permit fee.
(3) 
The Permittee has failed to comply with any of the conditions of approval set forth in Section 10-165 of the Inglewood Municipal Code.
(4) 
The Permittee has failed to block incoming phone calls after notice was given pursuant to Section 10-169 of the Inglewood Municipal Code.
(Ord. 04-04 2-17-04)
The Public Works Director or designee may declare incoming phone calls at a particular public right-of-way location to be a public nuisance and order the incoming calls to be blocked if police reports, service calls, and/or general complaints demonstrate that such incoming calls have encouraged loitering, solicitation, or criminal transactions such as drug sales, or otherwise has interfered with the safe and peaceful enjoyment of the public right-of-way by City residents, visitors, and businesses. Such order shall be mailed by certified mail, return receipt requested, to the owner or operator at the address listed in the permit on file with the City and shall specify that compliance shall be within ten days or the permit will be subject to revocation and removal as provided in this Article. Such notice and order shall also inform the owner/operator of the right to appeal as provided in this Article.
(Ord. 04-04 2-17-04)
Any pay phone installed, located, or maintained in a fixed location on any public right-of-way, without a currently valid pay phone permit, is hereby declared to be a public nuisance and may be abated by removal from said right-of-way pursuant to the procedures set forth in this Article.
(Ord. 04-04 2-17-04)
When the Public Works Director or designee declares a pay phone to be a public nuisance, said Director shall cause a notice to be mailed to the owner of the adjoining property, and to the person responsible for the maintenance, occupation and existence of said pay phone, if known or reasonably obtainable. The notice shall state the location and basis for finding it to be a public nuisance, and that the pay phone may be removed and stored thirty days after the date of the notice unless a hearing is requested pursuant to Section 10-176 of the Inglewood Municipal Code.
(Ord. 04-04 2-17-04)
In addition to the mailed notice under Section 10-171 the City shall post conspicuously at least one copy of the notice upon the adjoining real property and any other property within three hundred feet of the subject pay phone or pay phones where potential users or affected residents may congregate, and at least one upon the pay phone itself. Said notice shall invite public comment in writing to be submitted regarding the proposed removal of said pay phone or pay phones.
(Ord. 04-04 2-17-04)
The fact that the owner of the underlying fee to the adjoining real property upon which the pay phone is located, or the person responsible for the maintenance, occupation, existence or operation of the pay phone to whom the notice is given of the intent to remove a pay phone(s), does not receive the notice does not affect the validity of the proceeding.
(Ord. 04-04 2-17-04)
If the affected party(s) that is responsible for the removal of the pay phone fails to remove the pay phone(s) within the thirty-day period given in the notice, the Public Works Director or designee may proceed with removal.
(Ord. 04-04 2-17-04)
(1) 
Any party affected by the potential removal of a particular pay phone may request a hearing before the Public Works Director or designee. Said request must be in writing, and submitted to the Public Works Director or designee not later than ten days after the notice to the affected party(s).
(2) 
If the owner requests a hearing as provided in paragraph (1) above, said hearing shall be scheduled within five days of the request and shall be administered by the Public Works Director or designee, and to the owners of the property within a three-hundred-foot radius of the pay phone that is the subject of the hearing, using for this purpose the last known name and address of such owners as shown upon the assessment roll of this County. The owner shall have thirty days from the date of any adverse ruling which may result from the hearing to comply with the provision(s) specified in the ruling. If after thirty days from the date of decision the owner has failed to comply with the provision(s) of this Article cited in the decision, the subject pay phone(s) shall be removed and stored by the Public Works Director or designee.
(Ord. 04-04 2-17-04)
At the time fixed in the notice, the Public Works Director or designee shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its removal and any other matter that may be pertinent. At the conclusion of the hearing, the Public Works Director or designee shall declare his/her findings. If the Public Works Director or designee so concludes, he/she may declare the obstruction or encroachment by the pay phone to be a public nuisance and direct the person owning the property upon which the nuisance exists and or the person responsible for the maintenance, existence and operation of the nuisance to remove it within thirty days.
(Ord. 04-04 2-17-04)
The Public Works Director or designee may grant an extension of time to abate the nuisance if, in his/her opinion, good cause for an extension exists.
(Ord. 04-04 2-17-04)
The cost of removal and/or storage by the Public Works Director or designee of any pay phone subject to this Article shall be chargeable as a civil debt to the owner thereof and may be collected by the City in the same manner as it collects any other civil debt or obligation. In addition, the pay phones in question shall be deemed unclaimed property and may be disposed of pursuant to the provisions of Section 2-199 of this Code.
(Ord. 04-04 2-17-04)