If the encroachment is denied, and the owner, occupant or person controlling the matter or thing charged with being an encroachment, refuses to either remove or permit the removal thereof, the Mayor shall direct the City Attorney to commence an action for the removal of the same, or abating it as a nuisance. If judgment is recovered for the City, in addition to having said encroachment removed or abated, there shall also be recovered fee for every day such encroachment remained after notice was given for its removal. The fee for encroachment shall be as shown on the Consolidated Fee Schedule adopted by the Municipal Council.