(A) The owner of any building, fence, porch, steps, gallery or other obstruction erected or placed upon any street, avenue, alley or sidewalk or other public ground of the city shall remove the same upon a notice of the Code Enforcement Officer. Notice may be provided by posting the notice on the item placed on the street, avenue, alley or sidewalk or other public ground of the city.
(B) Whenever the owner of any building, fence or other obstruction upon any street avenue, alley, sidewalk or public ground in the city shall refuse or neglect to remove the same for a period of ten days after notice, as prescribed in division (A) of this section, such obstruction shall be deemed a nuisance, and it shall be lawful for the Director of Public Works, or his or her designee, to remove or to cause the same to be removed or taken down at his or her discretion, and the expense thereof shall be recoverable of the owner. No person shall oppose or resist the execution of the orders of the Director of Public Works or his or her designee in such regard. If the owner cannot be readily found for the purpose of such notice, such obstruction shall be deemed a nuisance and shall be removed as herein provided.
(C) It shall be unlawful to place large items of personal property, excluding motor vehicles and including, but not limited to, portable basketball hoops, on the streets and rights-of-way of the city. Large items of personal property, excluding motor vehicles and including, but not limited to, portable basketball hoops, found on city streets and rights-of-way not being actively used, and without identification as to their ownership, shall be considered abandoned and subject to removal by the Police Department and/or the Public Works Department or an authorized contractor. Items that identify their owner are also not allowed on the streets and rights-of-way of the city, but a notice as may be reasonable shall be provided to the owner as identified on the personal property or object prior to removing the same as abandoned. The city, its employees or agents shall be entitled, but not required, to move such personal property or object onto the property of the owner as identified on the personal property or object. A person who violates this division shall be subject to a fine of not less than $75 and no more than as provided in this code for each offense.
(D) In addition to the imposition of a fine, abandoned personal property removed by the city may be redeemed by the rightful owner upon payment of a fee of $100, calculated to cover the city’s cost in removing and storing the item. Within ten days of the removal of the item, the owner of the item may request a hearing before the administrative hearing officer of adjudication hearings, to contest whether the item of personal property was properly removed as abandoned property. The hearing shall be held within 21 days of the request for a hearing. Any personal property not claimed or not the subject of a request of a hearing made within ten days of its removal shall be deemed as abandoned and disposed by the city as abandoned.
(Ord. 22-009, passed 6-1-22)