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(1) Whenever the City Manager determines that any condition on any right-of-way is in violation of, or any right-of-way is being used contrary to, any provision of this chapter or procedures adopted under this chapter or other applicable codes or standards, or without a right-of-way use permit, the City Manager may order the correction or discontinuance of such condition or any activity causing such condition.

(2) The City Manager is authorized to order correction or discontinuance of any such condition or activities following the methods specified in procedures adopted pursuant to this chapter.

(3) The City Manager shall also have all powers and remedies which may be available under State law, this chapter, and procedures adopted under this chapter for securing the correction or discontinuance of any condition specified in this section.

(4) The City Manager is authorized to use any or all of the following methods in correction or discontinuance of any such conditions, or activities as the City Manager determines appropriate:

(a) Serving of oral or written directives to the permittee or other responsible person requesting immediate correction or discontinuance of the specified condition;

(b) Service of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within five days of notice, or such other reasonable period as the City Manager may determine;

(c) Revocation of previously granted permits where the permittee or other responsible person has failed or refused to comply with requirements imposed by the City related to such permits;

(d) Issuance of an order to immediately stop work until authorization is received from the City to proceed with such work;

(e) Service of a summons and complaint certified by the City attorney or a citation and notice to appear by an arresting peace officer upon the permittee or other responsible person who is in violation of this chapter or other City ordinances.

(5) Any object or thing which shall occupy any right-of-way without a permit is a nuisance. The City Manager may attach a notice to any such object or thing stating that if it is not removed from the right-of-way within 24 hours of the date and time stated on the notice, the object or thing may be taken into custody and stored at the owner’s expense. The notice shall provide an address and phone number where additional information may be obtained. If the object or thing is a hazard to public safety, it may be removed summarily by the City. Notice of such removal shall be thereafter given to the owner, if known. This section shall not apply to motor vehicles.

(6) All expenses incurred by the City in abating the condition or any portion thereof shall constitute a civil debt owing to the City jointly and severally by such persons who have been given notice or who own the object or thing or placed it in the right-of-way, which debt shall be collectible in the same manner as any other civil debt.

(7) The City shall also have all powers and remedies which may be available under law, this chapter, and procedures adopted under this chapter for securing the correction or discontinuance of any conditions specified by the City. (Ord. 22-99 § 1)