A. Prohibited: No person shall maintain any building, fence, porch, steps, gallery, or other structure upon any street or alley within the town and no person shall encumber or obstruct or cause to be encumbered or obstructed, any street, alley or other public place in the town by placing therein or thereon any building materials, trash, vehicles, machinery, earth, garbage, rubbish, debris, or accumulated snow and ice removed from an adjoining private premises. No person shall place or maintain any shafts of wood, iron or other material, inventory, furniture, fixtures, equipment, billboards, signs, fences, poles, rods, cables, or wire in any of the streets, public places or alleys of the town. (Ord. 07-012, 7-10-2007)
B. Permit To Allow For Limited Time: (Rep. by Ord. 07-012, 7-10-2007)
C. Order To Remove:
1. Removal: Any building, fence, porch, steps, gallery, or other structural obstruction now upon or hereafter placed or erected upon any street or alley within the town, or which may be upon any new street or alley which may hereafter be opened or created within the town, shall be removed therefrom within a reasonable time, not exceeding thirty (30) days and not less than three (3) days after an order to remove, in writing, has been given to the owner or person responsible for such obstruction. (1977 Code § 12.12.050)
2. Unable To Find Owner Or Person Responsible: If the owner or person responsible for such obstruction cannot be readily found for the purpose of such notice, it shall be the duty of the town superintendent or chief of police to cause the obstruction to be removed, in his discretion. The expense of such removal shall be recoverable from the owner or person responsible for the obstruction. (1977 Code § 12.12.050; amd. Ord. 07-012, 7-10-2007)
3. Interference: Any person who interferes with, resists or obstructs by acts or threats, the removal of any such obstruction shall be deemed guilty of a violation of this section. (1977 Code § 12.12.050)
D. Notice To Remove Obstructions: Notice to remove obstructions described in this chapter and subsection C of this section, specifying same, and the place and extent of same, shall be given to the occupant or owner of the land involved, or to the person owning or causing such obstruction. Notice shall be given by leaving it at the place of residence of the person to be served, if he resides in the town, or by posting it on the obstruction, if such person does not reside in the town. (1977 Code § 12.12.060)
E. Action To Remove Obstruction: If the obstruction required to be removed by the notice of subsection D of this section is denied, and the owner, occupant, or person controlling the matter or thing charged with being an obstruction, refuses either to remove or permit the removal thereof, the town shall commence in the proper court an action to abate the same as a nuisance; and if the town recovers judgment, it may, in addition to having the same abated, recover five hundred dollars ($500.00) for every day such nuisance remained after such notice, and also costs in said action. (1977 Code § 12.12.070; amd. 2000 Code)
F. Removal Without Action: The town council may, at any time, order the town superintendent to forthwith remove any such obstruction without commencing an action. (1977 Code § 12.12.070; amd. 2000 Code; Ord. 07-012, 7-10-2007)