Summary Removal of Newsracks
San Diego Municipal Code § 62.1013
in effect§62.1013 Summary Removal of Newsracks
(a) Conditions for Summary Removal. If the director determines: (1) the condition or placement of a newsrack poses a threat to the safety of pedestrians or wheelchair users, or the safe flow of vehicles; (2) a newsrack is located within the public right-of-way without a permit; or (3) the director is unable to readily contact the permittee or otherwise responsible party for a newsrack based exclusively on information provided in a current permit, related permit application, or affixed to the offending newsrack, the director may cause the newsrack to be summarily removed without prior notice.
(b) Procedure Upon Summary Removal. Upon summary removal of a newsrack, the following post-removal procedures shall apply:
(1) Newsracks with Readily Identifiable Responsible Party: The following post-removal procedure applies to any summarily removed newsrack with a readily identifiable permittee or otherwise responsible party based exclusively on information provided in a current permit, related permit application, or affixed to the offending newsrack. If a current telephone number is provided, the director shall promptly call the responsible party to advise of the removal. Unless the offending newsrack is reclaimed beforehand and all reasonably incurred removal and storage fees are paid in full, a Notice of Summary Removal & Hearing shall be served in accordance with San Diego Municipal Code section 62.1013(c), except when such notice and hearing is waived by the responsible party.
(2) Newsracks Without Readily Identifiable Responsible Party: If the permittee or otherwise responsible party can not be readily contacted based exclusively on information provided in a current permit, related permit application, or information affixed to the newsrack, no further action on behalf of the City is required. If the responsible party thereafter notifies the director to reclaim the offending newsrack, and the newsrack has not been deemed abandoned and disposed of in accordance with San Diego Municipal Code [Code] section 62.1018, a Notice of Summary Removal & Hearing shall be served in accordance with Code section 62.1013(c), unless waived by the responsible party.
(c) Post Summary Removal Hearing and Notice Procedures. If the permittee or otherwise responsible party does not dispute the merits of the removal, they may waive their rights to a post-removal notice and hearing and may reclaim the offending newsrack upon payment of all reasonably incurred removal and storage fees. In all other cases, the following procedure shall apply:
(1) Within ten business days of summary removal or notification by a previously identifiable responsible party, the director shall serve by certified mail, postage prepaid, return receipt requested a Notice of Summary Removal & Hearing providing the following information: a reasonable identification of the offending newsrack and its proximate location upon removal; a specific description of the alleged violation(s); and including a notice of a post-removal hearing in compliance with San Diego Municipal Code section 62.1013(c)(2).
(2) Any post-removal hearing and notice thereof shall comply with San Diego Municipal Code, Chapter 1, Article 2, Division 4, and shall be heard as soon as reasonably feasible upon at least ten calendar days notice.
(“Constitutionality” added 12–6–1974 by O–11457 N.S.)
(Retitled to “Summary Removal of Newsracks” and Amended 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art02Division10.pdf#page=13Fetched: 10/28/2026