Morgan Hill Municipal Code Ch. 10.36 Obstruction to Visibility at Intersections

On property at any corner formed by intersecting streets, it is unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of any sign, hedge, shrubbery, natural growth or other obstruction to the view, higher than three feet above the level of the center of the adjacent intersection within that triangular area between the property line and a diagonal line joining points on property lines twenty-five feet from the point of their intersection, or in the case of rounded corners, the triangular area between the tangents to the curve and a diagonal line joining points on such tangent twenty-five feet from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve at the corner.

(Ord. 504 N.S. § A (part), 1979)

The provisions of Section 10.36.010 of this chapter shall not apply to permanent buildings, public utility poles, trees trimmed (to the trunk) to a line at least eight feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross-view; supporting members of appurtenances to permanent buildings existing on the date the ordinance codified in this chapter becomes effective; official warnings signs or signals; to places where the contour of the ground is such that there can be no cross-visibility at the intersection; to signs mounted ten feet or more above the ground and whose supports do not constitute an obstruction as defined in Section 10.36.010 of this chapter or at an intersection controlled by traffic signals or stop signs on all approaches to the intersection.

(Ord. 504 N.S. § A (part), 1979)

The enforcement of Sections 10.36.010 and 10.36.020 of this chapter shall be under the direction of the city transportation engineer. The city transportation engineer shall investigate reported violations of Sections 10.36.010 and 10.36.020 and shall perform such duties in connection with the enforcement of Sections 10.36.010 and 10.36.020 as may be required.

(Ord. 504 N.S. § A (part), 1979)

Any obstruction maintained in violation of Section 10.36.010 of this chapter shall be deemed a public nuisance. The city transportation engineer shall initiate abatement proceedings to remove the obstruction. The proceedings shall be instituted by the following notices:

A. Written notice by personal service or certified mail to the owner of record of the affected property as shown on the last equalized assessment roll. Service by mail shall be completed at the time of deposit;

B. The city transportation engineer shall post upon the premises a notice to abate the nuisance. This notice shall be signed by the city transportation engineer.

(Ord. 504 N.S. § A (part), 1979)

If after twenty days after mailing and posting notice the obstruction is not removed, such representatives of the city transportation engineer as he may so authorize may enter upon the premises and remove or eliminate the obstruction. When the city has performed this work, or has caused it to be performed, the actual cost thereof plus reasonable overhead charges as determined by the city transportation engineer, plus accrued interest at the rate of six percent per annum from the date of completion of the work if not paid, shall be charged to the owner of the affected property and shall constitute a special assessment against the property to be collected in the manner provided by law for the collection of municipal taxes. The cost of such abatement shall, in addition, 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.

(Ord. 504 N.S. § A (part), 1979)