§ 66-167. Obstructions.

(a)

It shall be unlawful for any person to cause, create, or maintain any obstruction on any street, alley, sidewalk, or other public way, except as may be provided in this article or in the ordinances and laws of the city.

(b)

It shall be unlawful for any person to obstruct a sidewalk within the city by placement of any object, including, but not limited to, vending machines, items for sale, decorative items, or similar items on or above a sidewalk, unless a permit allowing the placement has been approved by the city. Applications for a permit shall be made to the city manager's office. In the event the application is denied by the city manager, the applicant may appeal this decision to the city council.

(c)

Upon the report of a violation, the owner of the property shall be given a written notice, by certified mail to either remove the item or obtain a permit within five days of the date of their receipt of the notice. Failure to comply shall be considered a violation of this article. Notwithstanding the provisions herein, the city reserves the right to remove any items that present an immediate danger to public safety without prior notification.

(d)

After notice has been served as described herein, and the five-day compliance period has elapsed, the city may remove the nonpermitted item, and the owner shall be responsible for the cost of removal and storage. Items unclaimed after 30 days shall be considered abandoned property.

(Code 1979, §§ 50-101.5, 53-2.1—2.6)