Written Notification. Notwithstanding any condition upon which summary removal is available, enforcement action may be initiated upon determination by the Director that an unattended donation box has been abandoned as set forth in subsection 30-48.10 below, or installed, used or maintained in violation of this section or any condition of the permit. The operator will be notified in writing of the alleged violation, the intent of the City to remove the unattended donation box if the violation is not corrected within the specified time period, or an appeal hearing is not requested within five business days after giving of such written notice and the procedure for requesting an appeal hearing. Failure to properly correct the violation within the specified time period or to appeal the notice within five business days of the date of the notification shall result in the unattended donation box being summarily removed and stored by the City. A removal and storage fee, as established by City Council resolution or ordinance, shall be assessed against each unattended donation box removed and stored. A timely request for an appeal hearing shall stay any removal by the City; provided, however, if the violation is not corrected within five calendar days after the decision of the City Manager, the City may remove the unattended donation box in accordance with paragraph b below.

If the Director determines that the condition or placement of an unattended donation box poses an imminent threat to the safety of pedestrians or wheelchair users, or the safe flow of vehicles; or that an unattended donation box is unlawfully located within the public right-of-way, the Director may cause the unattended donation box to be summarily removed without prior notice.

Removal. Whenever an unattended donation box is summarily removed by the City and stored, the Director shall notify the operator by mailing a notice of summary removal, stating the date the unattended donation box was removed, the reasons therefor, the procedure for claiming the unattended donation box and the procedure for obtaining a post-removal hearing, if desired. Any unattended donation box removed and stored pursuant to the provisions of this subsection shall be released to the operator if claimed within 30 continuous calendar days from the date of notice of removal and on payment of reasonably incurred removal and storage fees. Upon the failure of the operator to claim such unattended donation box and pay the fees within 30 continuous calendar days after the mailing of the written notice of removal, the unattended donation box shall be deemed abandoned property in possession of the City and may be disposed of pursuant to law.

Inability to Contact Operator. If the operator and/or property owner cannot be readily contacted based exclusively on information provided in a current permit, related permit application or information affixed to the unattended donation box, no further action on behalf of the City is required. If the operator and/or property owner thereafter notifies the Director to reclaim the offending unattended donation box, and the donation box has not been deemed abandoned and/or disposed of by the City, a notice of summary removal and procedure for obtaining a post-removal hearing shall be served in accordance with paragraph b above, unless waived by the responsible party.