It shall be unlawful, except as hereinafter provided, for any person to erect, construct, install, place, maintain or allow to remain or to permit the erection, construction, installation, placing maintenance or remaining of any encroachment upon or above the right-of-way, or any portion thereof, of the following designated streets:

(a)   Walnut Street from Second to Seventh Avenue;

(b)   Seventh Avenue from Ohio Street westward to the city limits.

(Code 1975, 17-401; Code 2010)

The word encroachment when used in this article shall mean and include any sign, awning, canopy, marquee, billboard or other advertising device, merchandise stand or display, building or other structure, or other use for private purposes of any character which exists in or rests upon or projects above the right-of-way of any portion thereof of a public street.

(Code 1975, 17-402)

Whenever any encroachment exists in violation of the provisions of this article, the city inspector will issue a notice requiring the removal of such encroachment within a time specified in such notice. If the owner of such encroachment, or his or her agent, is known, such notice shall be a written notice served in person or by mail upon such owner or agent. If the owner or agent is unknown, such notice shall be published once in the official city paper. If the owner or agent shall fail or refuse to remove the encroachment within the time fixed in the notice, the city shall cause the encroachment to be removed.

(Code 1975, 17-403; Code 2010)

Any person violating any of the provisions of this article shall be deemed guilty of a code violation and upon conviction thereof shall, for each offense, be fined a sum not exceeding $50.00 and each day that a violation is continued shall constitute a separate offense.

(Code 1975, 17-404)

Nothing in this article is intended to affect encroachments upon streets or portions of streets not described in section 13-401 of this article.

(Code 1975, 17-405)