A. Building Materials; Excavations:
1. Permit Required: Any person who shall encumber or obstruct, or cause to be encumbered or obstructed, any street, alley, or other public place in the Village by placing therein or thereon any building materials, or any other material or thing whatsoever, or by digging or excavating in any such street, alley, or other public place without first having obtained written permission from the Village President or the Village Board of Trustees shall be subject to a penalty of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a further penalty of two hundred fifty dollars ($250.00) for each day or part of a day such encumbrance or obstruction shall continue.
(1971 Code § 19-1)
2. Removal Of Obstruction:
a. The Director of Public Works, and each of them, are hereby authorized to order any article or thing whatsoever which may encumber or obstruct any street, alley or other public place within the Village to be removed.
b. If such article or thing shall not be removed within six (6) hours after notice to the owner or person in charge thereof to remove the same, or if the owner cannot be readily found for the purpose of the notice, to cause the article or thing to be removed to some suitable place, to be designated by the Director of Public Works.
c. The owner of any article so removed shall forfeit a penalty of twenty five dollars ($25.00) in addition to the cost of such removal.
(1971 Code § 19-2)
3. Disposal Of Obstruction: Any article or thing which may be removed in accordance with the subsection A2 of this section shall be advertised for ten (10) days and sold by the Director of Public Works, unless the same shall be sooner reclaimed and the penalty and costs paid by the owner thereof. The proceeds of the sale shall be placed into the Village Treasury, and the balance, if any, after deducting the penalty and costs, shall be paid to any person furnishing satisfactory proof of ownership.
(1971 Code § 19-3)
B. Buildings; Fences; Steps:
1. Prohibited: No person shall erect or place any building, in whole or in part, upon any street, alley, sidewalk or public ground within the Village under a penalty not to exceed two thousand five hundred dollars ($2,500.00).
(1971 Code § 19-6)
2. Removal Required; Notice: The owner of any building, fence, porch, steps, gallery or other obstruction now standing or which may hereafter be erected or placed upon any street, alley sidewalk or public ground within the Village, or which may be left standing upon any new street that has been or may hereafter be opened, shall remove the same within such reasonable time, not exceeding thirty (30) days, as he shall be required to do so by a notice, signed by the Director of Public Works under a penalty of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00), and a further penalty of not to exceed seven hundred fifty dollars ($750.00) for every ten (10) days the same shall so remain.
(1971 Code § 19-7)
3. Failure To Remove; Nuisance Declared; Removal By Village:
a. Whenever the owner of any building, fence or other obstruction upon any street, alley, sidewalk or public ground in the Village shall refuse or neglect to remove the same after notice, as prescribed in subsection B2 of this section, or without notice if the owner cannot be readily found for the purpose of such notice, the same shall be deemed a nuisance, and it shall be lawful for the Director of Public Works or the Village President, and it is hereby made his duty, to cause the same to be removed or taken down, in his discretion, and the expense thereof shall be recoverable from the owner in an action of assumpsit.
b. Every person who shall oppose or resist the execution of the order of the Director of Public Works in the premises shall forfeit a penalty of not to exceed seven hundred fifty dollars ($750.00).
(1971 Code § 19-8)