§ 20-322. Prohibition, exceptions; standards; removal.

(a)

Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in subsections (b) and (c) of this section.

(b)

Exceptions. The prohibition of subsection (a) of this section shall not apply to the following:

(1)

Temporary encroachments or obstructions authorized by permit under division 2 of article IV of this chapter pursuant to state statutes.

(2)

Building materials for the period authorized by the building inspector which shall not obstruct more than one-half of the sidewalk or more than one-third of the traveled portion of the street and which do not interfere with the flow in the gutters.

(3)

Excavations and openings permitted under divisions 2 and 3 of article V of this chapter.

(4)

See article VII of chapter 6, pertaining to canopy permits.

(c)

Standards. Property owners may place certain fixtures on sidewalks which immediately adjoin their property if the following requirements are met:

(1)

The property must be located in an area used for commercial uses.

(2)

The fixture shall not be physically attached to the sidewalk, any street fixture or any adjacent building, and shall be of a temporary design.

(3)

The placement of the fixture shall not significantly impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than three feet at any point.

(d)

Removal by village for sidewalk obstructions and encroachments. In addition to any other penalty imposed, if any village enforcement official determines that a sidewalk is unlawfully obstructed in violation of this section, he shall issue a written notice to the owner or occupant of the premises which adjoins the obstructed sidewalk directing that the obstruction be removed within 24 hours.

(e)

Removal by village for obstruction and encroachment of streets, alleys, land, etc. Removal by village for obstruction and encroachments located in the village streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if any village enforcement official determines that a village street, alley, public grounds or land dedicated for public use is obstructed or encumbered, he shall issue a written notice to the property owner of the premises which adjoin the obstructed public area directing that the obstruction be removed within 24 hours.

(f)

Failure to remove obstruction.

(1)

If the owner or occupant fails to remove the obstruction within the time period established in subsection (d) or (e) of this section, respectively, any village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within ten calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the village clerk/treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.

(2)

The failure of the village clerk/treasurer to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the village expense on the tax rolls for unpaid bills for abating the obstruction as provided for in this section.

(Code 1989, § 6-2-5; Ord. of 4-7-1998)