If any person erects a structure upon, makes excavations in, or places material upon public properties, or allows or permits any earth, rock, stones, trees, logs, stumps or other substances to cave, fall, crumble, slide, accumulate or be otherwise deposited, or having been so deposited, to be or remain upon any public properties, without a permit therefor having been first obtained as herein provided, he shall be deemed to have created a public nuisance. In addition to the penalties provided for violation of this chapter, such a nuisance shall be abated with or without action, and such other proceedings shall be taken with respect thereto as are authorized by law and the ordinances of the City for the prevention, abatement and punishment of nuisances; and it shall be no defense to any prosecution or proceeding under this section, that the person violating the same has a franchise to use or occupy such public properties. [Ord. 1021 § 23, 1961; Code 1970 § 12.24.390; Code 1954 § 4-5.156.]