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 Colusa
 Code of Ordinances
 Chapter 16. STREETS AND SIDEWALKS.*

  § 16-10. Removal of obstructions in streets and alleys.  

Latest version.

  • (a)

    Whenever any street or alley in the city is laid out as a public highway, any fences, buildings, parts of buildings or obstructions are placed therein, it shall be the duty of the director of public works, within one day after the date of the order of the city council requiring the same, to proceed to open such street or alley in the following manner:

    (1)

    Written notice by the director of public works shall first be given to the owner, person or agent maintaining any obstruction in such street or alley, to commence the removal of such obstruction within five days from date of service of the notice, and thereafter diligently to prosecute such removal to completion.

    (2)

    A copy of such notice shall be delivered personally to the person or agent maintaining or controlling such obstruction, if known and he resides within the city and can be found therein; and if he is unknown or resides outside the city or cannot be found therein, such notice shall be posted in some conspicuous place on such obstruction. The delivery or posting of such written notice shall in all cases be deemed a service upon all owners or persons maintaining such obstruction, and such service shall be deemed complete from the date of such delivery or posting.

    (3)

    If the obstruction is not removed, or commenced to be removed and diligently prosecuted, after the expiration of five days from the service or posting of the notice, the director of public works shall proceed to remove such obstruction forthwith, at the expense of the owner or person whose duty it is to remove the same. For this purpose, the director of public works may employ such assistance as may be necessary, and when such materials as may constitute such obstruction are removed, the director of public works shall deposit them at the nearest convenient place that he can obtain where they shall remain at the expense and risk of the owner.

    (b)

    Expenses incurred by the director of public works in removing any obstruction shall be presented and audited as other claims and paid out of the city treasury; and the city council shall immediately commence and prosecute against the party whose duty it was to remove such obstructions, and who failed to do so, an action to obtain reimbursement for the amounts so expended.

    (c)

    If the obstruction is denied and the owner, occupant or person controlling the matter or thing charged with being an obstruction refuses either to remove or permit the director of public works to remove the same, or at any time commences action or proceedings against the director of public works for or on account of any act done by him under the provisions of this section, the director of public works shall immediately notify the city council of such refusal, action or proceeding, and the city council shall commence in the proper court an action to abate such obstruction as a nuisance, and if necessary to provide for the defense of the director of public works for such action or proceeding. The costs of such defense as well as any damages or costs against the director of public works in any action or proceeding, shall be paid out of the city treasury, unless the cause of such recovery is the wilful misconduct of the director.

(Ord. No. 350, § 2.)