A. General: It shall be unlawful for any person to cause or maintain any obstruction of any street, alley, sidewalk, or other public way, except as may be specifically authorized in advance by the village manager or the building commissioner pursuant to section 9-1-7 of this code. (Ord., 11-7-1989)
B. Encroachments: Except as specifically provided in this subsection, it shall be unlawful to erect or maintain any building or structure that encroaches on any public street or other public property; provided, however, that the village manager may authorize the erection and maintenance of a structure that encroaches on a public street, but only under the following conditions:
1. The person requesting to erect and maintain such structure must complete an application provided by the village, including proof of ownership of the real estate adjoining the portion of the public street in which the encroachment is proposed and complete plans for the erection of the encroachment;
2. The application for encroachment must demonstrate that it does not create any hazard to or impairment of the public health and safety and that it enhances the streetscape;
3. The application must demonstrate that the proposed encroachment does not interfere with the operation of any village or other entity's utility facilities in the vicinity of the encroachment, including, without limitation, water, sanitary sewer, storm sewer, electricity, gas, telecommunications or cable television;
4. The applicant shall execute a restrictive covenant, in a form approved by the village manager and recordable against the applicant's property adjoining the public street, acknowledging and agreeing to such terms and conditions as the village manager may require to protect the public health, safety and welfare and to protect the village from any and all liability for the erection and maintenance of the encroachment; and
5. The applicant shall pay, upon request by the village, an amount sufficient to pay for all fees, costs and expenses incurred by the village in reviewing the application and recording the restrictive covenant. (Ord. O2001-2, 1-16-2001)
C. Drains: It shall be unlawful to obstruct or damage any drain in any public street or other public property.
D. Poles And Wires: It shall be unlawful to erect or maintain any poles or wires over any public street, alley, or other public way without obtaining, in advance, approval thereof from the building commissioner.
E. Gas Pumps: It shall be unlawful to erect, place, or maintain any gasoline pump or tank on any public street or other public property.
F. Openings 1 : It shall be unlawful to construct or maintain any opening or stairway in any public street, alley, sidewalk, or other public place without obtaining, in advance, a permit therefor from the building commissioner. All such lawfully maintained openings shall be guarded with suitably strong covers or railings, in a manner satisfactory to the building commissioner.
G. Removing Obstructions; Authority: The village manager or his or her designee is authorized to cause any obstruction, encroachment, or other thing that may be in violation of the provisions of this code to be removed or otherwise cured upon five (5) days' notice served upon the owner, agent, or person in possession of the premises where such violation occurs. In the event of any emergency, as determined by the village manager or his or her designee, or in the event the owner, agent, or person in possession of said premises cannot be located, then the village manager may cause such removal or cure summarily and without notice. The owner, agent, or party causing such violation shall pay all expenses and costs of such removal in addition to any other penalty provided by this code. (Ord., 11-7-1989)
Notes
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