Cypress Municipal Code § 24-6 (Reserved)

[1]

Editor's note: Ord. No. 1030, § 1, renumbered § 24-6 as § 24-6.1.

No person shall dig up, plow up, remove, break the earth, soil, stone, pavement or other surface of, or otherwise injury any highway, or make or cause to be made any excavation, or construct, place upon, maintain or leave any material or any obstruction or impediment to travel in or upon a highway, or install or maintain or cause to be installed or maintained any tank, pipes, conduit, duct, tunnel or any installation of any nature, across, upon, in or under any highway unless he shall have first obtained a permit.

(Ord. No. 1035, § 1, 10-14-02)

(a) It shall be unlawful for any person to place or maintain any object, including, but not limited to, fixed or portable basketball equipment, skateboard ramps, hockey nets and all other types of privately owned non-vehicular sporting or recreational equipment on any road, street or public highway, public right-of-way, or public property. It shall not be a violation of this section to place or maintain upon any road, street, public highway, or public right-of-way:

(1) Any solid waste or recycling containers or bins authorized by and in accordance with the provisions of this Code;

(2) Any object necessary for the work or activity authorized by a duly issued encroachment permit pursuant to the provisions of this Code; or

(3) Any object required by police, fire, medical or tow service personnel necessary to providing service within their jurisdiction on a road, street, public highway, or public right-of-way.

(Ord. No. 1035, § 1, 10-14-02)

(a) Whenever any prohibited item is found to be in violation of this article, the city shall have the right, but not the obligation, to cause a notice to be conspicuously attached to such item demanding removal from the public right-of-way. Such notice shall specify the date of posting, the closest street address to which the item is located, and a clear, concise description of the item to be removed. The notice shall demand such item be removed from the public right-of-way within 24 hours of the posting time and date.

(b) In the event a prohibited item is found in a location creating an immediate threat to the public health, safety or welfare, the city may abate and impound the item without delay or prior public notification. Writ-ten public notice of the city's abatement of such item shall be conspicuously posted in the immediate area in which the abatement occurred and on a form approved by the director of public works.

(Ord. No. 1035, § 1, 10-14-02)

(a) The city may impound a prohibited item as set forth within this article, that has been installed, used, or maintained in violation of this article and after notice of such violation is given pursuant to section 24-6.3.

(b) The city may impound a prohibited item installed, used, or maintained in violation of this article without prior notice whenever such item is found to be in violation of this article, and such item has previously been posted in accordance with section 24-6.3.

(Ord. No. 1035, § 1, 10-14-02)

(a) Any prohibited item which has been abated and impounded shall be released to the owner and made available for pickup at the city's corporate yard during normal operating hours, upon receipt of all associated abatement and impound fees, as set by resolution of the city council.

(Ord. No. 1035, § 1, 10-14-02)

(a) The city may sell or otherwise dispose of any item that has been impounded pursuant to this article, and retain the proceeds including any monies, on behalf of the city, provided that:

(1) Thirty days have elapsed since impoundment and the owner has failed to pay all abatement and impound fees assessed.

(Ord. No. 1035, § 1, 10-14-02)