Obstruction.
Any sign, equipment, building, pole, structure, or extension,
thereof, which protrudes, extends or is located within a right-of-way
in the city. This regulation specifically includes, but is not limited
to, the construction, installation, maintenance and/or positioning
of a basketball goal in any right-of-way.
Right-of-way.
The area in, on, above or below a public roadway, highway,
street, public sidewalk, alley or easement in which the city has an
interest.
(Ordinance 540-18 adopted 5/3/18)
It shall be illegal for a person/person(s) to place, construct
or erect any obstruction within or across any right-of-way.
(Ordinance 540-18 adopted 5/3/18)
Any obstruction prohibited by this article which has been placed
or constructed within a right-of-way prior to the effective date of
this article, and which remains in the right-of-way on the effective
date of this article, shall be removed by the owner or other party
responsible for the obstruction. The owner or other party responsible
for the obstruction shall be responsible for all costs in connection
with the removal of the obstruction.
(Ordinance 540-18 adopted 5/3/18)
A person who violates any provision of this article and is found
guilty of a class C misdemeanor and upon final conviction shall be
fined an amount not to exceed $200.00 upon the first conviction and
an amount not exceeding $500.00 upon the second and each subsequent
conviction.
(Ordinance 540-18 adopted 5/3/18)
(a) The city administrator or the duly appointed representative may remove
or cause the removal of an obstruction necessary to obtain compliance
with this article.
(b) Not later than the tenth (10) day after the date the city removes
the obstruction under this section; the city shall give notice by
certified mail to the person responsible for the obstruction.
(c) The notice shall contain:
(1) An identification, including a legal description of the property
or location where violation occurred.
(2) A description of the violation of this article.
(3) A statement of how the city abated the obstruction.
(4) An itemized statement of the charges necessary to remove the obstruction;
if any applies.
(5) Notice of where to reclaim the property must be reclaimed within
(10) ten days of notification. Charges for removal must be paid prior
to reclaiming property.
(Ordinance 540-18 adopted 5/3/18)