(A) Each violation of this chapter is hereby classified as a civil offense, for which:
(1) Except as otherwise provided in this section, Chapter 32 of the municipal code shall govern all appeals, proceedings, and imposition of civil penalties arising from the issuance of a citation for alleged violations of this chapter.
(2) The city engineer or Mayor's designee is hereby designated a Code Enforcement Officer for purposes of enforcing this chapter.
(3) Any Code Enforcement Officer may, in lieu of immediately issuing a civil citation, require that any violation of this chapter be remedied by the encroachment permit holder or its contractor within a designated period of time. Additionally, in the event of imminent or irreparable danger to persons or property, a Code Enforcement Officer may order the encroachment permit holder or its contractor immediately to cease and desist performing any additional work on the road or right-of-way and to perform remedial activities.
(4) The city may summarily remove signs erected in violation of this chapter.
(B) Each day that a road, street, sidewalk, or any area within the publicly dedicated right of way is subject to encroachment in a manner not in conformity with this chapter, the encroachment permit, or applicable law shall be deemed a separate offense.
(C) The Mayor or his or her designee may, if it deems it necessary to protect the public ways of the city, refuse to grant additional permits under this chapter to any person or entity having twice been found to have violated this chapter or any encroachment permit issued hereunder. Any refusal to issue an encroachment permit shall be set forth in writing indicating the date of and reason(s) for the refusal and signed by the Mayor.
(D) Any person, entity, or utility aggrieved by the issuance of a citation, remedial order, cease and desist order, or a refusal to issue a permit may request a hearing before the Mayor or his designee. A request for a hearing must be submitted to the City Clerk within thirty (30) days of receiving a notice of refusal from the city.
(Ord. 2016-2, passed 2-17-2016; Am. Ord. 2020-2, passed 2-19-2020)