American Canyon Municipal Code Ch. 10.40 Vision Obstructions at Intersections

Notwithstanding any other provisions of law to the

contrary, no fence, hedge, shrub, wall, retaining wall, earthen bank, or other landscaping or screening which exceeds a height of three feet above the street-pavement grade shall be allowed along the property lines or their projection, which is equal to the sum of the building setbacks on each of the two intersecting streets, existing or legal, whichever is less, or, within the area subtended.

Ord. 92-19 § 220, 1992

The foregoing provisions shall not apply to a permanent building or to trees which are

trimmed to eliminate foliage for a distance of eight feet above the street-pavement grade.

Ord. 92-19 § 221, 1992

The traffic engineer of the city, upon ascertaining that a violation

of the above provisions exists, shall give written notice of the violation to the owner of the property involved. Such notice shall be given in the same manner and with the same effect as provided in Section 1013 of the California Code of Civil Procedure.

Ord. 92-19 § 222, 1992

The property owner to whom the notice is given shall, within twenty

days after the giving of notice by the Traffic Engineer, as provided in the preceding section, do whatever is necessary on his or her property to eliminate the violation of the provisions of this chapter.

Ord. 92-19 § 223, 1992

The property owner to whom notice has been given, as hereinabove provided,

may, within ten days after the giving of such notice, file with the traffic engineer a written notice of appeal. The city public safety committee shall have the power, in exceptional cases, where it is impractical or physically impossible to comply with the strict letter of this chapter, and in order to provide for reasonable interpretations thereof, to modify the requirements of this chapter, in such a manner that the public welfare is secured, and substantial justice done, nearly in accord with the intent and purpose of this chapter. The determination and decision of the committee shall be final and conclusive.

Ord. 92-19 § 224, 1992

A condition which is in violation of the provisions of this chapter is hereby declared to

be a public nuisance. The city is authorized to abate such nuisance by entering onto the property and removing the condition.

Ord. 92-19 § 225, 1992

(A) Costs incurred by the city in the abatement of a condition which is in violation of the provisions of this chapter shall be a proper charge against the city treasury and paid therefrom. The traffic engineer shall give the owner of the property upon which the condition exists a written notice itemizing the expense of such abatement and requesting payment. If the amount of such costs is not paid to the traffic engineer within five days after giving such notice, he shall record in the office of the recorder of Napa County, California, a certificate substantially in the following form:

"Notice of Lien" "Pursuant to authority vested in me by the American Canyon Traffic Code, I did on the day of , 20, cause to be abated, at the owner's expense, in the amount of $ _____, a condition upon the real property hereinafter described. Said amount, nor any part, has not been paid. The City of American Canyon does hereby claim a lien upon said real property in said amount, which amount shall remain a lien upon said real property until paid in full, together with interest at the rate of 7% per annum from the date of recordation of this lien in the office of the Recorder of Napa County, California. The real property upon which lien is claimed is that certain parcel of land in the City of American Canyon, County of Napa, State of California, described as follows: (Insert property description) Dated: __, 20. __________________________ American Canyon Traffic Engineer

(B) Costs incurred in such abatement shall remain a lien upon the property described in the lien notice until paid in full, plus accrued interest at the rate of seven percent per annum from the date of recordation. The statute of limitations shall not run against the city's right to enforce payment of such lien.

Ord. 92-19 § 226, 1992

(A) As an alternative method of collection of the amount of the lien, the traffic engineer may record the notice of lien, as hereinabove provided, and may thereafter transmit it, or a facsimile, to the county auditor, who shall thereupon enter that amount on the county assessment book opposite the description of the particular lot or parcel of land; and the amount shall be collected together with all other taxes levied against the property.

(B) The assessment shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as is provided for all other municipal and county taxes against the property; and all laws applicable to the levy, collection and enforcement to such special assessment.

Ord. 92-19 § 227, 1992