A. No person, organization, or agency shall place, erect, or install any object of any nature whatsoever, within a City right-of-way without a right-of-way permit issued by the City Engineer. Any such object now in place within a City street right-of-way without written permission of the City Engineer is declared illegal and a public nuisance; provided, that this section shall not apply to mailboxes and attached newspaper boxes, placed on the right-of-way, where these are placed as far removed from the driving portion of the right-of-way as possible, except that said placement shall be subject to approval of the City Engineer.

B. The adjoining property owner, or any person placing any object or doing any work within the right-of-way in violation of these regulations, shall be responsible for the removal of the object and repair of the right-of-way to the satisfaction of the City Engineer within 48 hours of receipt of written notice from the City.

C. If the object is not removed or work repaired within 48 hours and it unreasonably hampers or prevents the proper use of the right-of-way, it may be removed by the City at the cost of the person(s) placing the object or working in the right-of-way. The notice requirement may be waived and the object may be immediately removed by the City if it presents an immediate threat of physical harm to persons or property. Placing an object or obstruction within the right-of-way or failing to remove an object or work from a right-of-way after notice that such object or work must be removed is a misdemeanor crime, punishable by imprisonment in jail for a term of up to 90 days, by a fine of up to $1,000, or by both such imprisonment and fine, when such object or work hampers or prevents proper use of the right-of-way. The property owner or person responsible for obstructing or placing an object in the right-of-way shall be responsible for the costs of such removal.

D. Any object or encroachment in the right-of-way which does not interfere with the proper and legitimate use of such right-of-way constitutes a Class 2 civil infraction as defined in LMC 1.48.010, punishable by a fine of up to $500.00. Each day, location, violator and incident shall constitute a separate civil infraction. [Ord. 501 § 3, 2009.]