§ 11-1. Encroachments on public property.

(a)

It shall be unlawful for any person to erect, maintain, or permit to be erected or maintained, any encroachment or obstruction whatsoever upon, over or under the public property or ways of the city without the written permission of the council. The city manager may issue permits for temporary encroachments or obstructions of public property or ways, which encroachments or obstructions shall not exceed ninety (90) days.

(b)

If at any time it shall appear that any person is unlawfully encroaching upon or maintaining any unlawful obstruction in any part of a public way, it shall be the duty of any law enforcement officer aware of the situation to give notice to such person ordering the removal of such encroachment or obstruction. If such encroachment or obstruction is not removed within twenty-four (24) hours after receipt by such person of such notice, or within such other reasonable time as may be designated by the council, it shall be the duty of the law enforcement officer giving notice to cause any such encroachment or obstruction to be summarily removed. The cost and expense of removal shall be charged to the person maintaining such encroachment or obstruction.

(Code 1976, § 9-1007)