[Amended 2-14-2006 by Ord. No. 2006-22; 5-23-2017 by Ord. No. 2017-141]
If the front or other exterior wall of any building erected after January 1, 1965, in the City encroaches not more than six inches into the right-of-way, no action or proceeding to compel the removal of such wall shall be instituted or maintained by or on behalf of the City or by or on behalf of any person claiming an easement in or title to the portion of the street on which such wall encroaches, unless such action or proceeding is commenced within the period of one year from the time of the serving of a notice as hereinafter provided and unless within such period a notice of the pendency of such action or proceeding, describing the property on which said building stands and indexed against the owner thereof, is filed in the office of the Clerk of the County of Monroe. Any person having any interest in the property on which such building stands may serve a notice on the Corporation Counsel of the City, setting forth a brief description of the property, his or her interest therein and the existence of an encroachment on the right-of-way or highway. Such notice, together with proof or admission of service thereof, shall be filed in the office of the Clerk of the County of Monroe. The Clerk shall index and record such notice as if it were a notice of the pendency of an action and shall collect the usual fees for recording and indexing a notice of the pendency of an action. If no action be brought within the period hereby limited therefor, the owners and encumbrancers of such property shall be deemed to have an easement for the maintenance of the encroaching wall so long as the wall shall stand and no longer.