Manhattan Beach Municipal Code Ch. 3.40 Traffic Sight Obstructions

A. On public and private property at any corner formed by intersecting streets, it shall be unlawful to construct, install, set out or maintain or to allow the construction, installation, setting out or maintenance of, any building, structure, sign, hedge, shrubbery, natural growth or other obstruction to the view higher than three (3′) feet above the level of a plane established by the existing or proposed curb grade within the triangular area.

B. To illustrate the operation of these provisions, the shaded spaces on that certain diagram entitled, "Diagram Showing Typical Corners," which is on file in the office of the City Clerk, show the area to be kept clear for corner visibility. Said diagram is hereby referred to and by this reference is hereby expressly incorporated herein and made a part of this chapter.

(§ 1, Ord. 673, as amended by § 1, Ord. 1162, eff. May 1, 1969; § 2, Ord. 1195, eff. February 5, 1970)

The provisions of this chapter shall not apply to the following:

A. Buildings on properties located within the boundaries of Area District III and IV as defined and shown in Chapter 3 of Title 10 of this Code.

B. Public utility poles and guy wires, and trees trimmed to the trunk to a point seven (7′) feet above the curb grade at the intersection.

C. Official traffic control signs or signals.

D. Buildings in existence at the time of adoption of this section, provided that when such building is destroyed to an extent that the cost of repair would exceed fifty percent (50%) of its value, such building be reconstructed so as to be in compliance with the provisions of this chapter.

E. Places where the natural contour of the ground is such that there can be no cross-visibility at the intersection.

F. Existing retaining walls.

(§ 2, Ord. 673, as amended by § 1, Ord. 1162, eff. May 1, 1969; §§ 3, 4, Ord. 1195, eff. February 5, 1970; § 1, Ord. 1696, eff. March 7, 1985)

The enforcement of this chapter shall be under the joint direction of the Director of Community Development and Director of Public Works. The Director of Community Development shall designate representatives of the Building Department who, on behalf of the Department, may investigate violations of this chapter, give such notices as may be required to carry out its provisions and perform such other duties in connection with the enforcement of this chapter as may be imposed upon them by the Director of Community Development.

(§ 3, Ord. 673, as amended by § 1, Ord. 1162, eff. May 1, 1969; § 2, Ord. 1696, eff. March 7, 1985)

In addition to any remedies provided by this Code or by the laws of the State, any obstruction maintained in violation of this chapter shall be deemed a nuisance, and upon failure to abate the same within twenty (20) days after the posting upon the premises of notice to abate the nuisance signed by the Director of Community Development, or by his authorized representative, the Director of Community Development or his authorized representative may enter upon the premises and remove or eliminate the obstruction. In such event, the cost of the City of the abatement of the nuisance shall be a lien upon the premises, provided a claim therefor is filed within the time and in the manner prescribed in Section 1187 of the Code of Civil Procedure of the State. In addition, the cost of such abatement shall be a personal obligation against the owner of the premises upon which the nuisance was maintained, recoverable by the City in an action before any court of competent jurisdiction.

(§ 4, Ord. 673, as amended by § 1, Ord. 1162, eff. May 1, 1969; § 2, Ord. 1696, eff. March 7, 1985)

In the event that any person does not agree with the order of the Director of Community Development in his enforcement of the provisions of this chapter, or feels that there are special circumstances applicable to his property that should allow a deviation from the provisions of this chapter, such person shall have the right of appeal to the Public Works Commission which shall have the power to approve or deny such a deviation based upon the facts presented. Any action of the Public Works Commission shall be by resolution subject to further appeal to the City Council. No public hearings shall be required for consideration of these matters.

(§ 5, Ord. 673, as amended by § 1, Ord. 1162, eff. May 1, 1969; § 1, Ord. 1667, eff. Feb. 16, 1984; § 2, Ord. 1696, eff. March 7, 1985)