§ 33. Building lines.

The city council shall have power to designate a line or lines on the land adjoining any highway or street in said city between which line and such highway or street no building or part thereof shall be erected, provided such line shall not be more than twenty-five feet from such highway or street; and any person who shall erect, or permit to be erected, above the surface of the ground, any building or part of building between any line so designated and the highway or street shall forfeit to said city a sum not exceeding one hundred dollars or, upon conviction, shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both, for each offense, and the continuance of any building or part of a building so erected, after such line shall have been designated between such line and the highway or street for each day of twenty-four hours after the commencement thereof, shall be a separate offense; but both civil and criminal proceedings shall not be brought against the same person for the same act or default. Any owner of any building who shall fail to remove such building, or such part thereof as is above the surface of the ground, from any land lying between any line so designated and the highway or street, shall forfeit to said city a sum not exceeding one hundred dollars or, upon conviction thereof, shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both[;] civil and criminal proceedings shall not be brought against the same person for the same act or default. Each day of twenty-four hours during which such building or part thereof is allowed to remain on such land shall be a separate offense. When the city council shall designate a building line on any street in any taxing district, it shall appraise the damages or benefits to all owners of land damaged or benefited thereby, and notice shall be given of the time and place of acting upon the question of the designating of any such line or the making of any such appraisal, and any owner of or any person interested in such land shall be heard, if such owner or interested person shall so desire, before such designation or appraisal shall be made. Appeals may be taken from any such action of the city council and proceedings thereon had as provided in section thirty-seven hereof.

(Amend. eff. 12-8-11)

Legislative history— Sp. No. 352, § 26, 1911; Sp. No. 202, 1913; Sp. No. 434, §§ 57, 58, 1931; Sp. No. 489, § 36, 1939; Sp. No. 151, § 4, 1943; Sp. No. 124, 1947.