Encroachment includes any fence, hedge, shrub, or other vegetation installed upon street rights-of-way abutting private front, side, or rear yards. (Ord. 895 §1, 1991)

(A) Encroachments installed upon street rights-of-way abutting private front yards shall not exceed thirty inches in height.

(B) Encroachments installed upon street rights-of-way abutting private side yards or private rear yards shall not exceed seventy-two inches in height.

(C) Fences, hedges, and shrubs shall be setback a minimum of six and one-half feet from the gutter flowline of streets without sidewalks or streets with attached sidewalks, and a minimum of two feet from the sidewalk where the sidewalk is detached from the street.

(D) Fences in front yards shall be limited to those of an open nature, including split rail and post and chain, but shall not include wire-type, such as chain link and wire mesh fences. Permits for all fences must be obtained pursuant to chapter 15-04 of this code.

(E) Encroachments shall not impede or obstruct motor vehicle or pedestrian traffic and shall not, in any way, create any public safety hazard.

(F) Encroachments shall not overlay, enclose, or in any way limit access to any city or other public facilities. (Ord. 895 §1, 1991)

(A) Whenever any encroachment is made, located, or maintained contrary to this chapter, or in the event the city, in its sole judgment, determines the encroachment must be removed, the city engineer or chief of police shall give notice to the person who owns or controls the premises abutting the right-of-way on which the encroachment is located directing such person to remove the encroachment within forty-eight hours of receipt of such notice. In the event the encroachment is not removed, the city engineer or chief of police may order its removal and the cost and expenses of such removal shall be assessed against the premises.

(B) The costs incurred by the city, together with the cost of collecting them, including court costs and attorneys' fees, shall constitute a lien against the premises on which the encroachment was located, which lien is prior and superior to all other liens, claims, titles, and encumbrances, whether prior in time or not, except liens for general taxes. The costs shall remain a lien against the real property until paid and shall be collected as though they were part of the real estate taxes. (Ord. 895 §1, 1991)