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<br />all authorized utility providers that use or may use the alley, to remove the fence for any <br />public purpose, without liability for damage to the fence, or responsibility to reconstruct or <br />repair the fence; and <br /> <br />(3) a statement encouraging the use of removable types of fencing in the alley. <br /> <br />(d) Only a board or wire fence may be constructed under this section. Masonry fences and <br />continuous masonry footings are prohibited. <br /> <br />Sec. 74.104. Process for removal of obstructions from unopened alleys. <br /> <br />(a) A person who owns property abutting an unopened alley may submit a written complaint <br />to the director of public works seeking the removal of an obstruction from the alley. <br /> <br />(b) Upon receipt of a complaint under subsection (a), the director of public works will <br />investigate to determine whether the obstruction exists in the alley, and if so, to identify the <br />person who constructed or placed the obstruction or who maintains the obstruction, and to <br />determine whether the obstruction is a fence authorized under section 74.103. If the director <br />determines the complaint to be valid, the director will send a notice to the person who <br />constructed or placed the obstruction or who maintains the obstruction, directing that the <br />obstruction be removed from the alley within 30 days of the date of the notice. <br /> <br />(c) It is unlawful for a person to whom a notice was sent under subsection (b) to fail to <br />remove an obstruction from an unopened alley within 30 days of the date of the notice. The <br />director of public works may remove an obstruction that is not removed within this time, and <br />charge the costs of removal to the person who constructed, placed or maintained the <br />obstruction. <br /> <br />Sec. 74.105. Removal of obstruction by director of public works. <br /> <br />Nothing in sections 74.102, 74.103 or 74.104 will affect the authority ofthe director of public <br />works to summarily remove an obstruction from an alley without prior notice if the director <br />determines this is in the interest of the public health, safety and welfare. If the director <br />summarily removes an obstruction, the director will send a notice within ten days to the <br />person who constructed, placed or maintained the obstruction stating the reason for the <br />removal. <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is <br />held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of <br />this ordinance will continue in force if they can be given effect without the invalid portion. <br /> <br />SECTION 3. All ordinances and resolution or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br /> <br />alley usc.doc <br /> <br />3 <br />