In every case where a street in the city has been, or shall be encroached upon by
any fence, building or otherwise, the council may require the owner to remove the
same, and if such removal be not made within the time prescribed by the council, they
may impose such penalty as they may prescribe by ordinance for each and every day
it is allowed to continue thereafter, and may cause the encroachment to be removed,
and collect from the owner all reasonable charges therefor, with costs, by the same
process that they are hereinafter empowered to collect taxes. Except, in any case
where there is a bona fide dispute as to the true boundary line or the location of
the true street line (and if passage over such street is not seriously impeded) the
same shall first be established and determined by an adjudication of a court of competent
jurisdiction in a proceeding instituted by either the city or the property owner for
that purpose before the city shall take any steps to remove the said obstruction or
encroachment, or to impose any penalty therefor. No encroachment upon any street,
however long continued, shall constitute any adverse possession to or confer any rights
upon the persons claiming thereunder as against the city.
