A. It shall be unlawful for any person, firm or corporation to use any property or erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure on, over or within the right-of-way of any city street or alley or on any city-owned easement or property without first obtaining an encroachment permit pursuant to this chapter (or obtaining an Encroachment Agreement pursuant to Chapter 12.09).
B. A violation of this chapter is a public nuisance. Any building or structure erected, constructed, altered or maintained within the right-of-way of any street or alley or on city-owned easement or property contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance.
C. The City Attorney may, by a civil action, commence necessary proceedings for the abatement, removal and/or enjoinment thereof in the manner provided by law. Any person, firm or corporation violating the provisions of this chapter shall be guilty of a misdemeanor. Notwithstanding the foregoing, the City Attorney may, in addition to any other remedy, pursuant to a civil action, seek imposition of civil penalties pursuant to Chapter 1.08 of this Code. Specifically, by way of such civil action, any person, firm or corporation found to have violated this chapter may be assessed civil penalties not exceeding $50.00 for a first violation of this chapter, civil penalties not exceeding $100.00 for a second violation of this chapter and civil penalties not exceeding $250.00 for each additional violation of this Chapter within one year. The civil penalties imposed shall be imposed for each and every day or any portion thereof wherein there is any violation of any provision of this chapter with each day being a separate offense. (By way of example, a violation continuing for four (4) successive days would be subject to civil penalties of $650.00, plus $250.00 for each additional day of violation thereafter).
(Ord. 766, 2007; Ord. 521 § 1(part), 1987).