Sec. 32-21. Removal of encroachments; notice to remove.
a.Whenever any encroachment exists without a permit, or the permit for an encroachment expires, terminates or is revoked, it shall be the duty of the Director of Engineering & Maintenance to require the removal of such encroachment and to serve such notices and take such action as is required by this Section.
b.The Director of Engineering & Maintenance shall serve a “notice of removal of encroachment” upon either the owner or occupant of the property to which the encroachment is appurtenant, or the person causing, owning or controlling the encroachment, by one of the following methods:
1.Where the person is a resident of the City, by personally serving notice on him.
2.Where the person is a nonresident of the City, or absent from the City, by registered mail
3.Where the person is unknown or the address is unknown, by posting the notice in a conspicuous place upon the property.
4.The effective date of service shall be the date on which notice is personally served, or the date placed in the United States mail, properly addressed, with sufficient postage, or the date posted on the property, whichever is appropriate.
c.The notice of removal shall contain the following information and any other information deemed appropriate by the Director of Engineering & Maintenance:
1.The street address or description of the property.
2.A description of the encroachment to be removed.
3.A description of the public street, sidewalk, right-of-way or other public place from which the encroachment is to be removed and the corrective measures to be taken.
4.The date by which the encroachment is to be removed which shall be 30 days from the date of service and a statement that after such date the owner becomes subject to the penalty provisions of this Article.
d.All encroachments required to be removed shall be removed within 30 days of the date of service of the notice. On application of the owner or person upon whom notice is served, the Director of Engineering & Maintenance may extend the time or removal for one period not to exceed 30 days. On written application of the owner or person served with notice, the City Council may extend the time of removal for any period they deem appropriate.
e.Within 15 days after receipt of notice, the owner or person served may make application for an encroachment permit to authorize the encroachment under the terms and procedure of this Article. If such application is made, all proceedings under this Section shall be suspended until final action of the City Council. If the permit is denied, the encroachment shall be removed within 30 days after denial by the City Council, unless the City Council sets a different time for removal.