Chapter 18 · Streets, Sidewalks and Other Public Places

ARTICLE 3. ENCROACHMENTS ON SIXTH STREET BETWEEN LINCOLN STREET AND EAST CITY LIMITS

Sections 18-301 to 18-304 · 4 sections

18-301 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Encroachment” — means any sign, awning, canopy, marquee, billboard or other advertising device, merchandise stand or display, building or other structure, or other use for private purposes of any character which exists in or rests upon or projects above any portion of the street.

(Code 1971, § 22-53)

18-302 Prohibited acts; exception.

(a)It shall be unlawful for any person to erect, construct, install, place, maintain or allow to remain, or to permit the erection, construction, installation, placing, maintenance or remaining of any encroachment upon or above any portion of Sixth Street in the city, between the center of Lincoln Street and the east corporate limits of the city.

(b)Notwithstanding the provisions of subsection (a) of this section, any encroachment existing on July 5, 1962, under a valid permit from the city may be continued until notice is given as provided in this article requiring removal of the encroachment.

(Code 1971, § 22-54)

18-303 Notice to remove.

Whenever any encroachment exists in violation of the provisions of section 18-302(a) or as provided for in section 18-302(b), the governing body may direct the city manager to issue a notice requiring the removal of such encroachment within a time to be specified in such notice. If the name and address of the owner of such encroachment, or agent, are known, such notice shall be in writing and shall be served in person or by certified mail upon such owner or agent. If neither the owner or agent can, with reasonable diligence, be notified either by personal service or certified mail, such notice shall be published one time in the official city newspaper. If such owner or agent shall fail or refuse to remove such encroachment within the time fixed in the notice, the owner and agent shall be deemed guilty of a separate offense for each day the encroachment is allowed to remain after the removal time fixed in the notice, for each of which offenses punishment shall be as provided in section 1-108 of this Code.

(Code 1971, § 22-55)

18-304 Removal by city.

If the owner, and agent (if any), shall fail or refuse to remove an encroachment within the time fixed in the notice given pursuant to this article, the city manager may cause the encroachment to be removed at the owner’s expense, recoverable by civil action.

(Code 1971, § 22-56)