Williams Municipal Code Ch. 12.12 Obstructions

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For statutory provisions authorizing cities to prevent encroachment and obstruction of city streets, see Gov. Code § 38775.

It shall be unlawful for any person to obstruct or block the use of any street, alley or sidewalk by placing fences, buildings, boxes, trash or other objects in such street, alley or sidewalk. Whenever the use of any street, alley or sidewalk is obstructed or blocked, it shall be the duty of the chief of police to remove the obstruction in the manner specified in this chapter.

(Ord. 16-85 (part), 1985: Ord. 7 § 1(part), 1920).

Written notice by the chief of police, shall be first given to the owner, person or agent maintaining any obstruction in a street, alley or sidewalk, to commence the removal of such obstruction within five days from the date of service of the notice, and thereafter diligently to prosecute such removal to completion.

(Ord. 16-85 (part), 1985: Ord. 7 § 1(1), 1920).

A copy of the notice required in Section 12.12.020 shall be delivered personally to the person or agent maintaining or controlling said obstruction, if known and he resides within the city and can be found therein; and if he be unknown or resides without the city, or, if residing within the city he cannot be found therein, such notice shall be posted in some conspicuous place on the obstruction. The delivery or posting of such written notice shall in all cases be deemed a service upon all owners or persons maintaining such obstruction, and such service shall be deemed complete from the date of such delivery or posting.

(Ord. 7 § 1(2), 1920).

If the obstruction is not removed, or removal commenced and diligently prosecuted, after the expiration of five days from the service or posting of the notice, the chief of police shall proceed to remove such obstruction forthwith, at the expense of the owner or person whose duty it is to remove the same. For this purpose, the chief of police may employ such assistance as may be necessary, and when such materials as may constitute the obstructions are removed, the chief of police shall deposit them at the nearest convenient place that he can obtain, where they shall remain at the expense and risk of the owner.

(Ord. 7 § 1(3), 1920).

Expenses incurred by the chief of police in removing any obstruction shall be presented and audited as other claims and paid out of the city treasury; and the city council shall commence and prosecute against the party of parties whose duty it was to remove such obstructions, and who failed to do so, an action to obtain reimbursement for the amount so expended.

(Ord. 7 § 2, 1920).

If the obstruction is denied and the owner, occupant, or person controlling the matter or thing charged with being an obstruction, refuses either to remove or permit the chief of police to remove the same, or at any time commences action or proceeding against the chief of police for or on account of any act done by him under the provisions of this chapter, the chief of police shall immediately notify the mayor, who must commence in the proper court an action to abate said obstruction as a nuisance, and also, if necessary, provide for the defense, as well as any damage or costs, against the chief of police in any such action or proceeding, shall be paid out of the city treasury, unless the cause of such recovery be the wilful misconduct of the chief of police.

(Ord. 7 § 3, 1920).

No sign shall be suspended or shall project over any sidewalk in the city, and any sign or signs now suspended or projecting over any sidewalk in the city shall be removed by the owner of such sign within thirty days after the passage of the ordinance codified in this chapter. Any person suspending or causing any such sign to project over any sidewalk in the city shall be punishable as provided in Section 12.12.120.

(Ord. 7 § 4, 1920).

Any person, copartnership, firm, association or corporation engaged in such business as shall require poles or masts to be erected and maintained in the streets, alleys, highways and other public places within the corporate limits of the city, shall be required to erect such poles or masts at the outer edge of the sidewalks in a good and substantial manner and in such a way as not to interfere with, or hinder in any way whatever, the free use and enjoyment of all the rights and privileges now enjoyed by the property owner contiguous to such sidewalk.

(Ord. 7 § 5, 1920).

If, for any purpose, wires are to be used on any poles or masts erected, the wires shall be stretched and fastened in a workmanlike and proper manner, and shall be thoroughly insulated wherever insulation is deemed necessary. The wires shall be stretched upon the poles or masts at a distance of not less than twenty-five feet above the surface of the alley, highway, street or other public place.

(Ord. 7 § 6, 1920).

The poles or masts referred to in Section 12.12.080, if of wood, shall not be less than eight inches in diameter at the base, surfaced and painted. If of iron, they shall be painted, all to be done in a workmanlike and proper manner.

(Ord. 7 § 7, 1920).

If at any time the chief of police or other proper officer of the city is instructed to make any improvement upon any street, alley, highway or other public place within the corporate limits of the city, any person, copartnership, firm, association or corporation, or agent thereof, shall upon notice of the chief of police remove any pole or mast which may be required to be moved for such improvement. Two days' notice shall be deemed sufficient time for such removal under this chapter.

(Ord. 7 § 8, 1920).

Any person violating any provision of this chapter shall be fined not less than five dollars nor more than five hundred dollars for each infraction; and a separate infraction shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. 16-85 (part), 1985: Ord. 7 § 9, 1920).