§ 38-3. Obstructions generally.

(a)

It shall be unlawful for any person to place or have placed or installed on any sidewalk, street, alley or public right-of-way or easement in the city any fence, gate, porch, step, post, barrel, bench, bar, table, box, cart, trailer, vehicle, merchandise, goods, wares or other fixtures or articles whatsoever, whether they be for sale, exhibition or any other purpose. This section shall be subject, however, to exceptions, limitations and provisions set out in this chapter.

(b)

In addition to any other remedy at law, the city manager or his designee may compel the abatement or removal of all items, fixtures or articles identified in subparagraph (a) herein, and hereinafter referred to as an "obstruction" on a sidewalk, street, alley or public right-of-way or easement.

(c)

Any person who shall cause or permit the existence of any obstruction governed by this section and not otherwise provided for in the provisions of this Code or other ordinances of the city shall be guilty of a Class 4 misdemeanor for each day the obstruction may continue, after due notice shall have been given to remove, correct or abate the same.

(d)

The city manager or his designee may mail notices of violations of this section to the owner or owners of record of the property at the address maintained by the real estate assessor for the mailing of tax assessments and/or to the occupant or occupants of the property. The notices shall advise the owner or owners or the occupant or occupants of the requirements of this ordinance and that failure to remove, correct or abate the obstruction shall result in the city removing, correcting or abating that obstruction with the person or persons to whom notice was sent being responsible for the costs thereof as provided below.

(1)

Upon the failure, neglect or refusal of any person to whom notice of abatement was given or who is responsible for removing, correcting or abating an obstruction, the city manager or his designee is authorized to have the removal, correction or abatement performed by city forces or by contract. The actual costs of such removal, correction or abatement, plus a charge for administrative costs of one hundred fifty dollars ($150.00) shall be charged to the person or persons to whom the notice was directed.

(2)

Whenever the city or its agent has work done pursuant to subsection (1) above, the cost and expenses of such work shall be determined and collected as provided below:

a.

When the notice required by this section was directed to a person other than the owners of the property, the person to whom the notice was directed shall be billed for the actual costs of such work plus the charge for administrative costs. If such bill is not paid within thirty (30) days, legal action may be instituted for its collection.

b.

When the notice required by this section was directed to the owner or owners of the property, the city manager or his designee shall certify to the city treasurer the amount of the actual cost of such work, plus the administrative costs; and the city treasurer shall include such total amount in the next regular tax bill for payment, and such amount shall be collected by the treasurer as other taxes and levies are collected. Every charge over two hundred dollars ($200.00) assessed under this section which remains unpaid shall constitute a lien against such real property.

c.

Liens established in accordance with subsection (2)b. shall have the same priority as other unpaid local taxes and shall be enforceable in the same manner as provided in Articles 3 and 4 of Chapter 39 of Title 58.1, or as those articles are subsequently amended. The city manager may waive such liens in order to facilitate the sale of the property; provided, however, such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has not business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

(Ord. No. 268, § 33; Code 1961, § 36-16; Ord. No. 6055-04. § 1)

(Ord. No. 268, § 33; Code 1961, § 36-16; Ord. No. 6055-04. § 1)