Sec. 42. Encroachments upon streets.
In every case where a street in said city has been or shall
be encroached upon by any fence, building or otherwise, the
city council may require the owner or owners, if known, and
if unknown the occupant or occupants of the premises so
encroaching to remove the same. If such removal shall not
be made within the time ordered by the city council, it may
impose a penalty of five dollars for each and every day that
it is allowed to continue thereafter, and may cause the encroachment
to be removed, and collect from the owner all
reasonable charges therefor, with cost, for which there shall
be a lien on the premises so encroaching, which lien may be
enforced in a court of equity having jurisdiction of the subject.
No encroachment upon any street, however, long continued,
shall constitute an adverse possession thereto, or confer
any right upon the person claiming thereunder as against
said city.
