(A) Enumerated. No person shall in any way obstruct any street, sidewalk, public footwalk, public park or square or any other public place. Obstructions, within the meaning of this section, shall include, but not be limited to, cut or fallen trees within the bounds of a public road or walkway which interfere with travel thereon; limbs of trees which have fallen or branches of trees overhanging so as to interfere with travel thereon and use thereof; landslides; carcasses of animals; lumber, wood or logs piled within the bounds of a public right-of-way, park or square; machinery, vehicles, conveyances and implements abandoned or habitually placed within the bounds of a public right-of-way, park or square; fences, buildings or other obstructions within the bounds thereof; ashes, cinders, earth, stone or other material placed thereon or in any ditch or waterway along any such public right-of-way; water diverted from its regular course so as to injure or endanger a public right-of-way; pipe lines, telegraph, telephone or other poles and wires connected therewith constructed or erected on a public right-of-way, public park or square which interfere with the use thereof; or any other thing which will prevent the easy, safe and convenient use of such public right-of-way, park or square.
(B) Prohibited; injunction. Such obstructions so placed and left within the boundaries of any such public right-of-way, park or square are hereby declared to be public nuisances and, in addition to other remedies provided by this subchapter and other chapters of this code, the city may apply to the Circuit Court of the county for an injunction to abate such nuisance.
(C) Obligation as to removal or repair.
(1) It shall be the duty of the owner or occupant of land situated along any public right-of-way or abutting any public park or square to remove all obstructions within the boundaries of such public right-of-way, park or square which have been placed thereon by himself or herself or with his or her consent.
(2) It shall be the duty of all telephone, telegraph or other power or communication companies to remove and reset telephone, telegraph and other poles and the wires connected therewith when such poles or wires constitute obstructions to the use of a public right-of-way, park or square.
(3) It shall be the duty of all pipe line companies whose lines have been laid across or along any public right-of-way, park or square for the purpose of transporting natural gas, oil, water or other substance, to fill up all excavations made thereby so that the surface or pavement overlying such excavation is, in all respects, in as good condition as it was before the excavation was made.
(D) Removal or repair by city.
(1) Notice. If such obstructions or poles, wires or pipe lines are not removed or such poles and wires reset or such excavations are not properly filled and maintained within ten days after the service of a notice by the city upon any such owner or occupant requesting such correction to be made, the Council, by its duly designated agent, shall cause such obstructions and such poles, wires or pipe lines to be removed and reset or such repairs on the excavations to be made, as may be necessary to return such pavements or surfaces to their original condition.
(2) Costs. The Council shall assess the cost of removing obstructions and removing and resetting piles and wires, or such repairs as are necessary to faulty excavations pursuant to this section, against any owner, occupant, company or corporation neglecting to perform its duty imposed by the provisions of this section. The Council shall cause to be served upon such owner, occupant or company a written notice stating that, at the time and place specified therein, the Council proposes to assess such cost against such owner, occupant or company neglecting to perform such duty. Such notice shall be served at least ten days prior to the time specified therein. If directed against a corporation, such notice may be served as other notices or processes are served under W.Va. Code Ch. 56. At the time and place specified, the Council shall hear the parties interested and shall thereupon complete the assessment, as provided by W.Va. Code Ch. 8, Art. 18.
(1991 Code, § 18-7) (Ord. passed 3-3-1959; Ord. passed 3-19-1959) Penalty, see § 93.999