Vallejo Municipal Code Ch. 10.14 Obstructions 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 lines and a diagonal line joining points on the property lines thirty-five feet from the point of their intersection, or, in the case of rounded comers, within the triangular area between the tangents to the curve and a diagonal line joining points on said tangents thirty-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. Any obstruction maintained in violation of this chapter shall be deemed a nuisance.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

The foregoing section shall not apply to existing buildings; trees trimmed (to the trunk) to a line at least eight feet above the level of the intersection, except that trees hanging over the street must be trimmed (to the trunk) to a line at least sixteen feet above the intersection and trees hanging over the sidewalk must be trimmed (to the trunk) to a line at least ten feet above the level of the intersection; saplings; 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 crossview; supporting members of appurtenances to permanent buildings existing on the date the ordinance codified in this chapter becomes effective; official traffic control devices; places where the contour of the ground is such that there can be no cross-visibility at the intersection; nor signs mounted ten feet or more above the ground and whose supports do not constitute an obstruction as defined in Section 10.14.010.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

No obstruction to cross-visibility shall be deemed to be excepted from the application of this chapter because of its being in existence at the time of the adoption hereof, unless expressly excepted by the terms of this chapter.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

The enforcement of this chapter shall be under the direction of the director of public works. The city traffic engineer shall investigate violations of this chapter, give such notices as may be required to carry out this chapter, and perform such other duties, in connection with the enforcement of this chapter as may be required.

(Ord. 1011 N.C.(2d), § 1 (part), 1988.)

In any situation in which a particular obstruction falling within the purview of this chapter also falls within the purview of Section 10.12.110 of this code, the provisions of this chapter shall govern, not the provisions of Section 10.12.110.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

If an obstruction to visibility exists as set forth in Section 10.14.010, and the director of public works or traffic engineer has personal notice of the same, it shall be his duty to notify the owner or person in possession of the property on which the obstruction to visibility exists to abate the same.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

Such notice to abate shall be given by certified or registered mail and shall be deposited in the United States Post Office at Vallejo, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the property upon which the obstruction to visibility exists, as the owner's name appears in the most current equalized assessment roll of Solano County available to the director of public works. In the alternative, such notice may be served by delivery thereof personally to the owner.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

Such notice to abate provided for in Section 10.14.060 shall specify what work is required to be done; that if work to abate the obstruction is not commenced within two weeks after notice is given as aforesaid, and diligently and without interruption prosecuted to completion, the director of public works shall undertake such work to abate the obstruction to visibility, and the cost of the same shall be a lien on such property.

(Ord. 1011 N.C.(2d) § 1, 1988.)

If upon the expiration of the two-week period provided for in Section 10.14.080, the abatement work has not commenced, the director of public works shall proceed to undertake such work and upon completion thereof the director of public works shall file a notice with the city council setting forth the fact that the work has been completed and the cost thereof. The cost of the work shall include an overhead or administrative charge of five dollars or five percent of the cost of the work, whichever is the greater. The city council shall thereupon fix a time for hearing protests against the assessment for the cost of such work. Said time shall not be less than fifteen days from the date of filing of the public works director's notice aforesaid.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

A. The city clerk shall, at least ten days prior to the public hearing as provided for in Section 10.14.090, send notice by certified or registered mail, deposited in the United States Post Office at Vallejo, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the real property upon which the obstruction to visibility exists, where such work was done, as the owner's name appears in the most current equalized assessment roll of Solano County available to the city clerk, setting forth a statement of the cost of the work and specifying the date, hour and place where the city council will hear protests and objections to the assessment of the cost of such work. In the alternative, such notice may be served by delivery thereof personally to the owner at least ten days prior to the public hearing.

B. Upon the date and hour set for the hearing of protests or objections, the city council shall hear and consider all protests and objections, if there are any, and then proceed to affirm, modify or reject the assessment of the costs for such work upon said real property. The hearing of protests or objections, and the affirming, modifying or rejecting of the assessment may be continued from time to time in the manner prescribed in this code. The decisions of the city council on all protests or objections which may be made shall be final and conclusive.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

If the cost of such work hereinabove provided for in this chapter is assessed upon the property upon which the obstruction to visibility exists, and the assessment is not paid within five days after its confirmation by the council, the cost of such work shall become a lien upon the property upon which the obstruction to visibility exists, upon recording thereof in the office of the recorder, county of Solano, California, by the director of public works of a certificate substantially in the following form:

"NOTICE OF LIEN

Pursuant to the authority vested in me by Ordinance No. _______ N.C., of the City of Vallejo, I did, on the _______ day of _______, 19___, cause the _______ on the real property hereinafter described to be _______ and the Council of the City of Vallejo did, on the _______ day of _______, 19___, by Resolution No. _______ N.C. assess the cost of such work upon the real property hereinafter described, and the same has not been paid, nor any part thereof, and the City of Vallejo does hereby claim a lien on the real property hereinafter described in the sum of _______ the cost of said work; and the same shall be a lien upon said real property until the said sum, with interest at the rate of six percent (6%) per annum thereon, from the date of assessment of such cost of work against said property, had been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is hereby clued, is that certain piece or parcel of land lying and being in the City of Vallejo, County of Solano, State of California, and particularly described as follows, to wit:

(Description of Property)

Date this _______ day of _______, 19___.

___________

Director of Public Works

City of Vallejo"

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

The notice of lien, when recorded as hereinbefore provided, shall be a lien upon such property, and such lien shall so continue until the cost of such work and the interest thereon has been paid in full and discharged of record. Such lien shall be subordinate to all special assessment liens previously imposed upon the same property, but it shall have priority over all special assessment liens which may thereafter be created against the property and from and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the city to enforce the payment of the lien.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the director of public works, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of assessment to the next regular bill for taxes levied against the lot or parcel of land.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

In addition to the lien procedure set forth above, the cost of the abatement of the obstruction to visibility shall be a person obligation against the owner of the property upon which the obstruction was maintained, recoverable by the city in an action before any court of competent jurisdiction.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

Nothing contained herein shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, plant, sign or other obstruction upon his property or under his control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision at any corner formed by intersecting streets.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)

Under this chapter, the giving of notice by personal delivery is complete upon delivery of a copy of the notice to the person to be notified. The giving of notice by mail is complete upon the expiration of four days after deposit of the notice in the mail. Proof of the giving of notice may be made by the certificate of any officer or employee of the dement of public works.

(Ord. 1011 N.C.(2d) § 1 (part), 1988.)