Any fence encroaching upon a public or private alley or driveway, and/or retaining wall appurtenant thereto, is hereby declared a nuisance and made unlawful; and the said Department of Public Works is empowered to remove such fence from within the established lines of said alleys or driveways, and/or retaining walls appurtenant thereto, after ten days' notice as set forth in this act. It shall be the duty of the registered owner of the premises on which such fence is erected, or to which it appertains, to remove such encroachment upon being notified. His failure so to do shall constitute a violation of this act.
53 P.S. § 13873