(A) It is unlawful for any person to install, alter, modify, or relocate facilities or structures within the public or encroaching thereon.
(B) The City Engineer may direct the person owning or maintaining the facilities or structures, at their own cost and expense and upon reasonable written notice by the city, to promptly protect or promptly alter or relocate such facilities or structures or parts thereof.
(C) In the event that such person refuses or neglects to comply with a directive of the city, the city shall have the right to break through, remove, alter, or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the city all costs incurred by the city in connection with such work performed by the city, including design, engineering, construction, materials, insurance, court costs, and attorney's fees.
(D) Any directive by the City Engineer shall be based upon whether facility or structure:
(1) Was installed, erected, or is being maintained contrary to law;
(2) Is found by the City Engineer or Building Official to be structurally unsound or defective;
(3) Constitutes a nuisance as defined under state statute or city ordinance;
(4) Was installed under authority that has expired or has been revoked;
(5) Is not in conformity with public improvements proposed consistent with the General Plan of the city for the area;
(6) May pose a hindrance to construction to the public way to be repaired or improved; or
(7) Has caused the grades or lines of the public way to be altered or changed.
(E) Installation of mailboxes meeting the standards of the U.S. Postal Service is permitted without obtaining a permit from the city.
(1) Mailboxes shall be placed so as to not interfere with public or private property access ways or drainage facilities;
(2) Mailboxes must be constructed and maintained so that routine public way maintenance such as snow plowing can occur without causing unnecessary damage to the mailbox;
(3) The city reserves the right to relocate, temporarily or permanently, any mailbox that is deemed a safety hazard or as needed to complete a city-approved project; and
(4) The city accepts no liability for mailboxes placed in the public right-of-way.
(Ord. 06-2024, passed 3-6-2024)