A. Authority To Remove: If any street is encroached upon by a fence, building, pedestrian trip hazard or vision impairment: trees, shrubs, poles, etc., the superintendent of streets shall, in writing, require the encroachments to be removed.
B. Notice To Remove: Notice must be given to the occupant or owner of the land, or person causing or owning the encroachments, or be left at their place of residence, if they reside in the city; if not, it must be posted on the encroachment, specifying the breadth of the street, the place and extent of the encroachment and requiring them to remedy or repair the same within ten (10) days thereafter.
C. Refusal: It shall be unlawful to leave or cause to be left by any person, firm or corporation, any encroachment upon the streets of the city after the expiration of the ten (10) days from the service or posting of a notice to remove said encroachment. If the encroachment is such as to effectually obstruct and prevent the use of the highway for vehicles and pedestrians, the superintendent of streets must forthwith remove the same.
D. Court Action To Abate: If the encroachment is denied and the owner, occupant or person controlling the matter or thing charged with being an encroachment refuses either to remove or permit the removal thereof, the city council must direct the city attorney to commence in the proper court action to abate the same as a nuisance.
E. Refusal; Supervisor To Remove: If the encroachment is not denied but is not removed for ten (10) days after the notice is complete, the supervisor of streets may cause said encroachment to be removed at the expense of the owner, occupant or person controlling the same, and recover their costs and expenses in an action for that purpose. (Ord. 15-02, 7-22-2015)