It shall be unlawful, except as hereinafter provided, for any person, firm or corporation to erect, construct, install, place, maintain or allow to remain or to permit the creation, construction, installation, placing, maintenance or remaining of any encroachment upon or above the right of way, or any portion thereof, of any city street or roadway throughout the City.

(Ord. 1220; Code 2021)

The word “encroachment” when used in this Article shall mean and include 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 the right of way or any portion thereof of a public street.

(Ord. 1220, Sec. 2)

Whenever any encroachment exists in violation of the provisions of this Article, the Governing Body shall direct the City Clerk to forthwith issue notice requiring the removal of such encroachment within a time specified in such notice. If the owner of such encroachment, or his or her agent, is known, such notice shall be a written notice served in person or by mail upon such owner or agent. If the owner or agent is unknown, such notice shall be published once in the official City paper. If the owner or his or her agent shall fail or refuse to remove the encroachment within the time fixed in the notice, the City shall use the encroachment to be removed.

(Ord. 1220, Sec. 4)