§ 7-366. Permit procedures.

(a)

Permit required. No person shall place a newsrack without first obtaining a one-time permit for each newsrack in accordance with the provisions of this article.

(1)

Issuing authority. The director of planning and development department or a designee (the "department") is responsible for fairly coordinating and administering the physical placement of newsracks and upon compliance is responsible for issuing the permit.

(2)

Applications. The department shall have thirty (30) days from the date this article takes effect to prepare a permit application form after which applications may be accepted by the department. The applicant shall file with the department a written application for an installation permit which shall contain the following information:

a.

The name, address and telephone number of the applicant, who is the owner or principal responsible for the newsrack(s).

b.

The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsrack.

c.

The number of newsracks and the proposed location of each shown on a drawing drawn to a legible scale indicating any adjacent features.

d.

Names of newspapers, periodicals or advertising circulars to be contained in each newsrack.

e.

Type or brand of newsrack, including an illustration and description of the newsrack and mount.

(3)

Insurance and indemnification.

a.

Every publisher or distributor who places or maintains a newsrack on public property in the city shall maintain general liability insurance coverage and shall furnish to the city a current certificate of insurance, naming the city as an additional insured, prior to the issuance of the newsrack permit and subsequently on October 1 of each year. Minimum limits of coverage shall be three hundred thousand dollars ($300,000.00) per occurrence combined single limit for bodily injury and property damage liability. Reasonable evidence of equivalent self-insurance coverage may be substituted by the applicant for the above certificate of insurance. Insurance under this section shall run continuously with the presence of the applicant's newsrack in public rights-of-way, and any termination or lapse of such insurance shall be a violation of this article, subject to appropriate remedy by the code enforcement division.

b.

Indemnification/hold harmless. Every publisher or distributor that maintains a newsrack within a public right-of-way in the city shall execute and deliver a written agreement under which it agrees to indemnify, hold harmless and defend the city, its officers, agents and employees from any loss, liability or damage sustained by any person as a result of the installation, use or maintenance of a newsrack within the city. This shall not be construed to affect in any way the city's rights, privileges and immunities as set forth in F.S. § 768.28.

(4)

Fees. There shall be a one-time only permit fee in the amount of fifty dollars ($50.00) for each newspaper publisher plus ten dollars ($10.00) per newsrack. Failed inspections are subject to reinspection fee of twenty-five dollars ($25.00).

(5)

Issuance of a permit. Upon finding by the department that the application is in compliance with the provisions of the Code, the department shall cause a permit to be issued for installation of the newsrack(s).

(6)

Denial of permit application. Should a permit application be denied by the department, the applicant shall be advised of the specific cause for denial. The applicant may reapply for a substitute alternative location at no additional permit fee.

(7)

Appeals. Any person aggrieved by any order, finding or determination taken under the provisions of this article other than a code enforcement action (hereinafter "appellant") may file an appeal with the code enforcement special magistrate for the City of Sunrise. The appellant must effect the appeal within fifteen (15) days after receipt of the order mailed to the appellant pursuant to this article. In order to effect the appeal, the appellant must deliver a letter of appeal, briefly stating the basis of the appeal, to the clerk of the code enforcement special magistrate. A hearing before the special magistrate shall be scheduled on the appeal no later than thirty (30) days following the receipt of the letter of appeal, unless the parties mutually agree to an extension. The appellant shall be given at least seven (7) days' written notice of the time and place of the hearing. The special magistrate shall give the appellant a reasonable opportunity to be heard in order to show cause why the order, finding or determination is inconsistent with the requirements of this article. At the conclusion of the hearing of this article. At the conclusion of the hearing the special magistrate shall make a final and conclusive determination. The determination shall be reduced to writing and signed by the special magistrate and filed in the office of the city clerk within fifteen (15) days of the hearing and a copy shall be sent to the appellant. The decision of the special magistrate shall be effective when rendered. The decision of the special magistrate may be appealed as provided for by law.

(Ord. No. 451, § 7, 6-13-00; Ord. No. 290-05-A, § 12, 8-9-05)