[Adopted 6-10-1975 by G.O. No. 13-1975]
It shall be unlawful for any owner of real property abutting
a City street to encroach or allow, cause or suffer an encroachment
upon a City street within a projection of said owner's property lines
to the center line of such street.
[Amended 3-13-1984 by G.O. No. 2-1984]
Any such encroachment upon a City street existing at the time
that this article took effect shall be deemed lawful unless a determination
is made by the proper City department or agency that such an encroachment
is hazardous to the safety, health or welfare of the public or upon
complaint of an adjoining owner that such encroachment unduly interferes
with said adjoining owner's quiet enjoyment of his or her property.
A.
Upon the existence of such an encroachment or a determination of
the proper City department or agency that such a preexisting encroachment
is hazardous to the safety, health or welfare of the public, the Corporation
Counsel shall order, in writing, the owner of the real property abutting
the City street in which the encroachment exists, as determined by
projecting the property lines of said owner to the center line of
the street, to correct the hazardous condition to the satisfaction
of the City department which made the declaration of hazard or to
remove said encroachment within a reasonable time.
[Amended 1-27-1981 by G.O. No. 1-1981]
B.
If said encroachment or preexisting encroachment is not removed within
the time allowed, the Commissioner of Public Works shall cause its
removal. The cost of such removal shall be charged by said Commissioner
to the owner of the property as determined herein. A failure by said
owner to pay such charge shall cause the Corporation Counsel to maintain
an action in a court of competent jurisdiction for a judgment against
the owner for the cost of removal.
