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<br />the obstruction, or if the person derives a benefit from the obstruction. An example of <br />deriving such a benefit is when a fence or wall in an alley has the effect of enlarging the yard <br />or lot area of an adjacent property owner. <br /> <br />( c) It is a defense to prosecution under this section that an obstruction in an unopened alley <br />was in place prior to April I, 2001, and no notice to remove the obstruction has been sent to <br />the person by the director of public works under section 74.102 or section 74.104. <br /> <br />(d) It is a defense to prosecution under this section that an obstruction consists of a fence that <br />was constructed in an unopened alley in accordance with section 74.103, after a fully <br />completed alley use form was filed with the director of public works. <br /> <br />Sec. 74.102. Process for removal of obstructions from open alleys. <br /> <br />(a) Any person may submit a written complaint to the director of public works seeking the <br />removal of an obstruction from an open alley. <br /> <br />(b) Upon receipt of a complaint under subsection (a), the director of public works will <br />investigate to determine whether an obstruction exists in the alley, and if so, to identify the <br />person who constructed or placed the obstruction or who maintains the obstruction. If the <br />director determines the complaint to be valid, the director will send a notice to the person <br />who constructed or placed the obstruction or who maintains the obstruction, directing that the <br />obstruction be removed from the alley within 10 days of the date of the notice. The director <br />of public works may remove an obstruction that is not removed within this time, and charge <br />the costs of removal to the person who constructed, placed or maintained the obstruction. <br /> <br />Sec. 74.103. Permission for placement of fence in unopened alley. <br /> <br />(a) A person who owns property adjacent to an unopened alley may construct a fence within <br />the half of the alley on that person's side if the person files a fully completed alley use form <br />with the director of public works before beginning construction of the fence. <br /> <br />(b) Where a person owns property on both sides of an unopened alley, the person may <br />construct a fence within the alley adjacent to the person's property if the person files a fully <br />completed alley use form to the director of public works before beginning construction of the <br />fence. <br /> <br />(c) An alley use form must contain: <br /> <br />(1) the written consent to construction of the fence by all property owners, including <br />the applicant, on both sides of the alley along its entire length in that block; <br /> <br />(2) an acknowledgement by the applicant that the city retains the right, for itself and <br />alley usc.doc 2 <br />