(A) Nuisance declared, exceptions.
1. It is hereby declared a public nuisance and it shall be unlawful for any person, agent, official or employee to place any obstruction of any kind in any public street or alley, or any public parkway or sidewalk in the city, or to authorize, procure or permit any obstruction to be placed therein or thereon, and a separate offense shall be deemed committed for each day any such obstruction is maintained or permitted in any such street or alley or on any such parkway or sidewalk. Provided, that merchants and others receiving and delivering goods, whose premises are not served by an alley, shall be allowed two hours from the time such goods are deposited on a sidewalk or parkway until they are removed; provided further, that a space of five feet in width shall at all times be kept clear for a combination of persons passing.
2. The provisions of this section shall not apply to the temporary obstruction of streets or alleys by buildings while the same are being moved from one place to another, nor to temporary obstructions for which encroachment permits have been first obtained from the Director of Public Works, nor shall the provisions of this section apply to potted shrubs or plants, clocks, drinking fountains and public telephones placed or maintained upon public parkways or sidewalks within the city by any person who shall have first obtained a permit in writing so to do from the Director of Public Works, nor to newsracks placed or maintained upon public parkways or sidewalks within the city; provided, they are in daily use and are so placed as to not interfere with or obstruct pedestrian traffic in the vicinity of their location.
(B) Notice to abate.
1. The Director of Public Works, with any required assistance from the Chief of Police, is hereby authorized and empowered to notify in writing the owner, agent or person having charge of or occupying the premises on which the nuisance is being committed, and the person creating, causing, committing or maintaining it to abate this nuisance. Such notice shall specify the nuisance and the manner in which it is being committed, and shall be sent by registered mail, addressed to the persons above mentioned at their last known address.
2. A copy of said notice shall also be sent by registered mail, return receipt requested, to the person owning the land on which the nuisance is being committed as such person’s name and address appear on the last equalized assessment roll.
3. Said notice shall also specify that the nuisance must be abated within 15 days after the date of the mailing of said notice, or such shorter time as the Director of Public Works deems the abatement to be an emergency, then he or she shall have the power to order the abatement summarily within 24 hours of the giving of the written notice as set forth above.
(C) Penalty. Any person who violates any provision of this section shall be guilty of an infraction and upon conviction thereof shall be punishable as provided in § 1-4-1 of this code.
(Ord. 180, passed 11- -1974)