(a) Obstruction and Encroachment Prohibited. No person shall place piers, pilings, abutments or structures of any kind in or upon any waterway without first obtaining approval therefor by resolution of Council. No person shall place, or permit or suffer to be placed, any structure, material, earth, debris or property of any kind within any waterway so as to constitute an obstruction or encumbrance in, or encroachment upon, such waterway.
(b) Removal of Encroachments, Obstructions and Encumbrances. The Department of Public Works shall maintain a survey map of the waterways of the City, showing all authorized structures, obstructions and encumbrances thereon, and shall remove from any waterway any unauthorized encroachment, encumbrance or obstruction. All costs pertaining to the removal or demolition of such an encroachment, encumbrance or obstruction shall be billed to the owner of the property adjacent thereto from which the encroachment, obstruction or encumbrance has developed. If such costs are not paid within thirty days, they shall be certified to the County Auditor for collection as taxes.
(c) Violations a Nuisance. Any unauthorized encroachment, obstruction or encumbrance which is placed, erected or maintained in any waterway in violation of this section is hereby declared to be a nuisance per se. Upon application to any court of competent jurisdiction, the court may order the nuisance to be abated and/or the violation or threatened violation to be restrained or enjoined. The taking of any action for the abatement of any such nuisance shall not prevent prosecution of the person who placed or maintained the obstruction, encroachment or encumbrance in violation of this section, and the converse shall also be true.