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.
(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)
Any person dissatisfied with the determination of the Public Works Director or designee to remove a pay phone(s) as a public nuisance may appeal pursuant to the requirements of Section 10-166.
(Ord. 04-04 2-17-04)
