(A) It shall be unlawful for any person to fence any utility or drainage easements unless the proposed fence is properly permitted, limited to Type A, Type B, or Type E as set forth in § 170.113 and constructed in accordance with the following:
(1) Any fence proposed to be installed within a utility or drainage easement that accesses, abuts or provides the city or any utility company with a maintenance area to lot line ditches, canals, drainage tracts, drainage rights-of-way, shall be so constructed so that it can be easily removed. Such removal shall be the responsibility of the property owner within five (5) days after written notice from the city or utility company and all costs incurred in such removal and replacement shall be the responsibility of the property owner.
(2) Any fence proposed to be installed within a utility drainage easement not included in division (1) above may be of permanent nature, with the understanding that if the removal of such fence is necessitated for the installation, repair or replacement of any drainage or utility facility, it will be the owner's responsibility and at the owner's expense. Such removal shall be accomplished within five (5) days of written notice by the city or utility company.
(B) The property owner shall be responsible to maintain the area within the easement of this property regardless of the placement of the fence. The city may remove any fence within an easement, as needed, in case of emergency.
('74 Code, § 8-90) (Ord. 63-10, passed 10-3-63; Am. Ord. 83-63, passed 10-6-83; Am. Ord. 89-14, passed 4-27-89; Am. Ord. 2002-36, passed 5-16-02)