(a) Any existing structure, banner, sign, wire, conduit, traffic signal, bridge, viaduct, walkway or arch located within the vehicular portion of a street right-of-way shall have a vertical clearance of at least 14 feet from the street level. Any new structure, banner, sign, wire, conduit, traffic signal, bridge, viaduct, walkway or arch constructed or located within the vehicular portion of a street right-of-way shall have a vertical clearance of at least 15 feet from the street level. Any violation of the vertical clearance shall be construed to be an obstruction of the street right-of-way and a public nuisance.
(b) In the event the obstruction is city-owned property, the city shall take proper steps to bring such obstruction within the standards required by this section. In the event the obstruction is privately-owned, the City Manager shall cause written notice to be given to the owner of such obstruction, and such obstruction shall be removed, or the commencement of work to accomplish such removal shall be instituted, within 30 days.
(c) Such notice shall be served, by certified mail, upon the owner at his or her residence or at his or her business address. If such owner is unknown, or if notice by certified mail is not delivered or accepted, the city shall have the option to cause such notice to be published once in a newspaper of general circulation in the city.
(d) Upon failure to comply with the notice, the City Manager shall cause compliance by designating city employees or contractual agents to remove the obstruction and abate the nuisance. All costs, along with expenses incurred, including charges for the use of city employees and equipment, together with any administrative expenses, shall be billed to the owner. If the city does not receive payment of the costs and expenses within 30 days, the city shall certify the costs and expenses, along with an additional assessment fee as set forth in the fee schedule in Part Two - Title Twelve, Chapter 298 of these Codified Ordinances, to the County Auditor for collection, and the same shall be a lien upon the land of the owner of the obstruction abutting the street where the obstruction was located. The city may, at its option, proceed with a civil action to recover the costs and expenses.
(Ord. 88-101, passed 11-11-1988)