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8.08 - Obstructions and Vegetation in Streets 98.08 Section 8.08: Obstructions and Vegetation in Streets Subdivision 1. Obstructions It is a misdemeanor for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions, upon, over, across or under any street without first having obtained a written permit from the City Engineer, and then only in compliance in all respects with the terms and conditions of such permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. Subdivision 2. Dumping in Streets It is a misdemeanor for any person to throw or deposit in any street any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon. It is a violation of this Section to haul any such material, inadequately enclosed or covered, thereby permitting the same to fall upon streets. It is also a violation of this Section to place or store any building materials or waste resulting from building construction or demolition on any street. Subdivision 3. Placing Snow on a Publicly Dedicated Right-ot-Way A. It is a misdemeanor for any person, not under contract with the City, by whatever means, to deposit snow on or across the improved portion of a publicly dedicated street, alley, sidewalk, bike path, trailway or parking area. B. It is a misdemeanor for any property owner to allow any person, by whatever means, to deposit snow from such owner's property on or across the improved portion of a publicly dedicated street, alley, sidewalk, bike path, trailway or parking area. Subdivision 4. Continuing Violation Each day that any person continues in violation of this Section shall be a separate offense and punishable as such. Subdivision 5. Vegetation in Right-ot-Way It is a misdemeanor for any person to plant, place, nurture, or maintain any tree, shrub, or other vegetation (except grass or sod) within any public street, sidewalk alley or right-of-way within the City. Golden Valley City Code Page 1 of 2 98.08 Subdivision 6. Removal Authority; Assessment of Costs Upon information that any person is acting or has acted in violation of this Section, the City Engineer shall give written notice to such person to cause the removal of any offending object or vegetation within ten days of the date of the notice, and if such person shall then fail to remove the offending object or vegetation from the public right-of-way, the City Engineer shall cause the same to be removed. In addi- tion to the foregoing remedies of the City to cause the removal of vegetation from any public right-of-way, the City Engineer shall also have the right to remove any offending object, or vegetation of any type whatsoever from any public right-of-way within the City without notice to any person or abutting property owner whenever, in the sole judgment of the City Engineer, any such object or vegetation constitutes a threat to the general public health, safety, and welfare as an obstruction to the free and safe passage of either vehicular or pedestrian traffic, and so long as any such object or vegetation is located either wholly or in part within any dedicated right-of-way, no person shall be entitled to maintain any claim for the removal of the same. Any object or vegetation which lies within any public right-of-way and which is concealed by snow, leaves, debris, or other material of any type whatsoever shall be deemed prima facie to be a hazardous obstruction to the free and safe public passage of vehicular or pedestrian traffic and the City entitled to remove the same without notice and without legal obligation for such removal. Following any removal conducted pursuant to this section, the City may bill the costs of such removal to the person responsible for the violation. In the event such bill for costs is not paid within thirty (30) days of the invoice date, the unpaid costs may be assessed against the affected property pursuant to Minn. Stat. 9 429.101. Golden Valley City Code Page 2 of 2