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Sec. 40. 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 collected
from the owner all reasonable charges therefor, with cost,
for which there shall be 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.