CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 5. Encroachment on Streets

It shall be unlawful for any person, firm or corporation to erect, construct, install, place, maintain or allow to remain, or to permit the erection, construction, installation, placing or maintaining of any encroachment upon or above the right of way, or any portion thereof, of the following-designated streets or portion of streets:

(a)   Mary Street from east city limits to west city limits.

(b)   Fry Street from north city limits to south city limits.

(Ord. 683, Sec. 1)

The word “encroachment” when used in this article, shall mean and include any sign, awning, canopy, marquee, billboard or other advertising device, merchandise or produce 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 the right of way or any portion thereof on a public street.

(Ord. 683, Sec. 2)

The use of the right of way by owners or lessees of abutting property for the storage of vehicles, placement of portable signs or other private use, is hereby prohibited on the streets.

(Ord. 683, Sec. 4)

The governing body shall direct the code enforcement officer to issue notice requiring the removal of the encroachment within the time specified. Such notice shall be in writing, served in person or by registered mail, upon the owner or his or her agent. When the owner or agent is unknown such notice shall be published once on the official city website. Upon failure or refusal of the owner or his or her agent to remove the encroachment within the time fixed in the notice, the city shall cause the encroachment to be removed at the owner’s expense.

(Ord. 683, Sec. 7; Code 2021)