A. Obstructions Prohibited: No person shall place, keep, or maintain any "obstruction", as that term is defined in subsection B of this section, in any public right of way except only as provided in this section or as otherwise specifically provided by village code or ordinance.
B. Definition Of Obstruction: For purposes of this section, the word "obstruction" shall mean all of the following objects located within the public right of way if such objects are within nine feet (9') of the paved portion of the right of way:
1. Every boulder or large stone or rock; and
2. Every pole, post, or similar object laid on, or set into, the ground which protrudes or extends more than four inches (4") above the ground; and
3. Any other object which protrudes or extends more than eight inches (8") above the ground, except as otherwise provided in this section.
The term "obstruction" shall not include: streetlights, traffic signs and signals, and similar objects and devices authorized by law; or fire hydrants and other public utility devices and equipment authorized by law; or parkway trees authorized by the village; or flowers and small shrubs not exceeding eighteen inches (18") in height. (Ord. 95-04-727, 4-17-1995)
C. Removal Of Obstructions: Except as provided in subsection D of this section, all obstructions shall be removed as soon as reasonably practical, but in no event later than October 31, 1997. (Ord. 96-09-828, 9-16-1996)
D. Exceptions To Removal Requirement:
1. Retaining Walls: Notwithstanding the provisions of subsections A, B, and C of this section, retaining walls constructed prior to the effective date of this section shall not be required to be removed. (Ord. 95-04-727, 4-17-1995)
2. Other Exceptions: The village manager may grant additional exceptions to the application of this section, but only after written application establishing, to the satisfaction of the village manager, all of the following factors: a) the obstruction does not pose, and will never pose, a threat to the public health or safety, and b) removal of the obstruction poses a hardship on the applicant, and c) the grant of an exception does not create a special privilege to the applicant not generally available to residents of the village. No exception shall be granted for reasons of aesthetics. The village manager may impose such conditions on the grant of an exception hereunder as the village manager determines are reasonable and necessary to protect the public health and safety. (Ord. 95-04-727, 4-17-1995; amd. Ord. 2012-10-861, 10-1-2012)
E. Village Removal If Violation: The village shall remove obstructions in accordance with the following standards: (Ord. 95-04-727, 4-17-1995)
1. Immediate Removal: The village manager shall cause the immediate removal of any obstruction that the village manager determines poses a threat to the public health or safety.
2. Removal After Notice: In the case of any other obstruction placed, kept, or maintained in violation of this section, the Village Manager shall cause notice of the violation to be given to the owner of the property abutting the right-of-way on which such obstruction is located, which notice shall state that the violation shall be cured within ten (10) days after the date of such notice. If the violation is not cured within such ten (10) day period, then the Village Manager shall cause the obstruction to be removed promptly. (Ord. 95-04-727, 4-17-1995; amd. Ord. 2012-10-861, 10-1-2012)