Impounding.
San José Municipal Code § 13.18.070
in effect13.18.070 - Impounding.
The director of neighborhood preservation or the director's designee:
A. May immediately correct any violation of Section 13.18.040, and shall do so without impounding if such correction can be accomplished simply, easily, quickly, and without expense;
B. May, when a newsrack is in violation this chapter, affix a notice to that effect to the newsrack, and then notify by mail the person whose name appears on the newsrack identification (as required by Section 13.18.020) that unless the violation is corrected or a hearing pursuant to Section 13.18.080 is requested within three working days, the newsrack will be impounded;
C. May impound any newsrack:
1. When a notice has been affixed to a newsrack and a letter has been sent pursuant to subsection B of this section, and the person whose name appears on the newsrack identification has within the time permitted neither caused the violation specified on such notice to be corrected, nor requested a hearing pursuant to Section 13.18.080;
2. In accordance with the decision finding facts sufficient to constitute a violation of any section of this chapter following any hearing requested pursuant to this chapter; or
3. When such is in violation of any subsection of Section 13.18.040, except L or O, or is otherwise in such a state so as to constitute a dangerous condition or health hazard to the public, and which cannot be corrected under subsection A above; and
D. May sell or otherwise dispose of the newsrack and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in said newsrack, in the city treasury if a hearing on the impounding of the newsrack is not timely requested, or if the newsrack is not claimed by the person whose name appears on the newsrack identification in accordance with the provisions of Section 13.18.080.
(Ords. 20892, 22240.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT13STSIPUPL_CH13.18RENE_13.18.070IMFetched: 11/1/2026