Chapter 12.16
OBSTRUCTIONS*
Sections:
12.16.010 Property owner’s duty to keep free of obstructions.
12.16.040 Removal of obstructions by chief of police.
12.16.050 Storage and disposal of impounded obstructions.
12.16.060 Disposition of proceeds from sale.
* For statutory provisions authorizing cities to prevent encroachment and obstruction of city streets, see Government Code § 38775.
12.16.010 Property owner’s duty to keep free of obstructions.
It shall be the duty of every person owning or occupying any lot or block of land in the city which is bounded on any side thereof by any legally established sidewalk, street, lane or alley or other public thoroughfare, to keep such street, sidewalk, lane or alley free from all rubbish, filth, garbage and obstruction of every kind, as far as the middle of such street or alley, and as far as the edge of such sidewalk nearest to the street and as far in length as the corresponding dimension of such lot or block. (Code 1961 § 21-31).
12.16.020 Exceptions.
The provisions of FMC 12.16.010 shall not be construed to prevent any person from using the portion of the street adjoining his premises for a reasonable time, when such use may be necessary for the purpose of collecting and using material for erecting or repairing buildings; nor to prevent any person from depositing goods, wares and merchandise upon any sidewalk, lane or alley; nor to prevent tying saddle horses or mules, and horses or mules attached to vehicles, at convenient places along the streets for a reasonable and proper time; provided, that no goods, wares or merchandise shall remain on any sidewalk longer than is necessary for the purpose of unloading and conveying them across such sidewalk, and after they have been so conveyed they must not be replaced thereon except for the purpose of prompt delivery thereof. (Code 1961 § 21-32).
12.16.030 Other obstructions.
It is unlawful for any person to obstruct in any other manner than those expressly enumerated in this chapter any walk, sidewalk or crossing in the city. (Code 1961 § 21-33).
12.16.040 Removal of obstructions by chief of police.
The chief of police is authorized and empowered to remove or cause to be removed, to any place selected by him, all materials, of whatever nature, which obstruct the free use of any street, alley, lane or sidewalk in the city, or which renders such street, alley, lane or sidewalk dangerous to the public. The owners of materials so removed may recover such materials before such are sold under the provisions of FMC 12.16.050 on payment of expenses incurred in such removal. (Code 1961 § 21-34).
12.16.050 Storage and disposal of impounded obstructions.
The chief of police shall safely keep all property taken by him under FMC 12.16.040 for 30 days and, at the end of that time, if not claimed by the owner thereof, such property must be sold at public auction to the highest bidder for cash after two weeks’ notice of sale in a newspaper of general circulation in the city of the time and place of such sale; and after having paid the just and reasonable expenses of storage of such property and the costs of advertising and sale thereof, he shall keep the remaining proceeds of such sale for six months, subject to the lawful claim of the owners of any of the property sold. (Code 1961 § 21-35).
12.16.060 Disposition of proceeds from sale.
The chief of police shall, at the expiration of six months after every sale provided for in FMC 12.16.050, pay into the general fund of the city all moneys remaining in his hands on account of such sale. (Code 1961 § 21-36).