Chapter 10.12 — TRAFFIC VISIBILITY OBSTRUCTIONS

Any hedge, shrubbery, tree, fence, or other obstruction growing, erected or maintained in a parkway or on private property in the vision triangle, as defined in Section 10.12.020 of this chapter, which hazard obstructs the view of any driveway or intersection, or any traffic upon the streets approaching such driveway or intersection, is declared to be a public nuisance. Such hazards may include any structure, fence, landscaping, or other obstruction more than two feet in height above the level of the sidewalk or ground elevation, whichever is higher, in an area called a vision triangle, except that trees may be allowed when no foliage is closer to the ground than seven and one-half feet unless otherwise approved.

(Ord. 556 § 2DD, 2004: prior code § 4-10.01)

For the purposes of this chapter, "vision triangle" is defined as follows:

A.

At street intersections, the boundaries of the vision triangle are formed by measuring along the curb lines from their projected intersection a distance of forty (40) feet and then connecting the two points with a straight line.

B.

At driveway entrances, the boundaries of the vision triangle are formed by measuring along the side of the paved driveway and along the street right-of-way line from their intersection a distance as specified below and then connecting the two points with a straight line:

1.

Not less than ten (10) feet for local streets (less than sixty (60) foot right-of-way);

2.

Not less than fifteen (15) feet for collector streets (sixty (60) foot or sixty-four (64) foot right-of-way); and

Not less than twenty (20) feet for major streets (as defined in the circulation element of the general plan.

(Prior code § 4-10.02)

Whenever the director of public works finds a public nuisance to exist, as set forth in Section 10.12.010 of this chapter, such public nuisance may be abated fifteen (15) days after he or she has caused a notice of a hazardous condition to be mailed to the concerned property owner, as required by Government Code Section 38773.

(Ord. 524 § 2(N), 2001; prior code § 4-10.03)

(Ord. No. 697, § 4, 10-23-2018)

If the property owner fails to appear to the council within the allotted time, or if the council finds that the condition of the property noted by the director of public works constitutes a public nuisance and that the property owner should be responsible for the cost of removing such nuisance, the full cost of abating the public nuisance shall be made a special assessment against the concerned parcel. The precise cost of such removal shall be announced and confirmed by the council at a duly noticed hearing of the council as soon as the final costs have been ascertained. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subjected to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

(Prior code § 4-10.04)