§ 15-2. Obstructions generally.

(a)

No person shall obstruct or damage a public street, highway, right-of-way or sidewalk or obstruct the space vertically above the same by placing therein anything whatsoever which will hinder or obstruct the passage of persons or vehicles in any manner whatsoever, except as otherwise specifically provided.

(b)

The city manager, upon receipt of a report of the director of public works that there are obstructions or encroachments upon any of the streets, sidewalks or other public places in the city, shall consider such report and, if he finds that such obstruction does exist and ought to be removed, shall give written notice to any person causing such obstruction or encroachment to remove same within thirty (30) days or to appear before the city manager or his designee on a certain date to show cause, if any there be, why such obstruction should not be removed. Upon the owner's failure to remove or failure to show cause why such obstruction should not be removed, the city manager or his designee shall order such obstruction or encroachment removed.

(c)

The city manager shall notify in writing the owner, or agent of such owner, to conform to the order within ten (10) days from the time such notice is given. If such owner is unknown or a nonresident, then such notice shall be published once in a newspaper having general circulation in the city. Any person refusing or failing to remove such obstruction or encroachment within ten (10) days after such notice shall be subject to a penalty as provided by law. If any owner fails to remove such obstruction or encroachment within the time limit herein provided, it shall be lawful for the city to immediately remove such obstruction or encroachment, and the owner of such obstruction or encroachment shall pay to the city the actual cost of the removal of such obstruction or encroachment in addition to the penalty herein provided for. The cost of such removal, if not paid, shall constitute a lien against the property.

(Ord. of 6-25-90)