§ 86-2. Encroachments on street.

(a)

No person shall erect or maintain any structure or thing on, over or under any street, alley, sidewalk or public way except by permit from the council. Application for such permit shall describe the nature of the encroachment in such detail as the council shall require. The council in its discretion may issue or deny the permit, and may impose any conditions to such permit it deems appropriate.

(b)

Any encroachment on any street, alley, sidewalk or public way shall be maintained so that it does not endanger or obstruct the public.

(c)

Any encroachment maintained in violation of this section is declared a nuisance and may be abated by the city.

(d)

The placement and erection of an informational and/or directional sign as authorized and permitted by section 6-37 of this Code shall not be deemed a violation of this section and shall be erected by the street department in conformity with the provisions of this chapter and any applicable rules and regulations of the Illinois Department of Transportation. Notwithstanding any provision of this Code to the contrary, the actual size and location of such signs shall be determined by the city, considering all relevant factors, including but not limited to, the public health, safety and welfare.

(Code 1987, § 6.04; Ord. No. O80-2006, § 3, 11-7-2006)