HomeMy Public PortalAboutOrdinance 60-21 Abatement of hedges, signs and other obstructions to visibility at street intersectionsORDINANCE N0. 60 -21
AN ORDINANCE OF THE CITY OF TEMPLE
CITY, CALIFORNIA,, PERTAINING TO THE
ABATEMENT OF HEDGES, SIGNS AND OTHER
OBSTRUCTIONS TO VISIBILITY AT STREET
INTERSECTIONS
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Short Title. This Ordinance shall be known as
the "Obstruction Abatement Code."
SECTION 2. Contents. This Ordinance embraces only obstruc-
tions to crossing visibility which unreasonably or substantially inter-
fere with such crossing visibility in areas covered by this Ordinance .1
SECTION 3. Obstructions Prohibited. On property at any
corner formed by intersecting streets it shall be 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 40" above the reference point
located at either:
(a) the point of intersection with the prolongation of the
curb lines; or in the absence of such,
(b) the point of intersection of the prolongation of the
edge of the paved roadway; or
within the triangular area between the curb or edge of the paved
roadway lines and a diagonal line joining points on the curb or edge
of paved roadway lines and a diagonal line joining points on the curb
or edge of paved roadway lines 40' from the point of their intersec-
tion, or in the case of rounded corners, the triangular area included
between the reference point and the curb line or edge of paved road-
way line 40' from the point of their intersection.
SECTION 4. Exceptions. The foregoing provision shall not
apply to permanent buildings, public utility poles, young saplings or
trees trimmed (to the trunk) to a line at least six (6) feet above the
level of the reference point as defined in Section 3, official traffic
signs or to places where the natural contour of the ground is such
that there can be no cross - visibility at the intersection.
SECTION 5. Investigation. The enforcement of this code
shall be under the direction of the City Manager.
(a) The City Manager shall cause alleged violations of
this code to be investigated forthwith.
(b) The City Manager shall review these findings within
30 days and either authorize the Sheriff of Los Angeles
County to post such notice as is hereinafter set forth
and perform such other duties to enforce this code as
are necessary or shall notify the said Sheriff in
writing, that no abatement is necessary.
SECTION 6. Appeal. The owner of such posted property may
appeal to the Traffic Commission of the City and show cause why said
work should not be done or why the time therefor should be extended.
Such appeal shall be in writing and shall be filed with the City Clerk
of the City within ten (10) days from the date of posting notice.
The said Traffic Commission shall hear and pass upon such appeal, and
its determination thereon shall be final except for an appeal that may
be filed with the City Council within ten (10) days of the date of the
mailing of the Traffic Commission's decision.
SECTION 7. Remedies. Any obstruction maintained in viola-
tion of this Ordinance 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 the City Manager or his
authorized agent may enter upon the premises and remove or eliminate
the obstruction. In such event, the cost to the City of the abatement
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Ordinance No. 60 -21 page 2
of the nuisance shall be a lien upon the premises provided a claim
therefor be filed within the time and in the manner as prescribed in
Section 1193.1 of the Code of Civil Procedure of the State. 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.
SECTION 8. Legality. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the remaining
portions of the ordinance. The City Council hereby declares that it
would have passed this ordinance and each section, subsection, sentence
clause and phrase thereof, irrespective of the fact that any one or
more of the sections, subsections, sentences, clauses or phrases
thereof be declared invalid or unconstitutional.
SECTION 9. Penalties. Any person, firm or corporation
violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punish-
able by a fine of not more than five hundred dollars ($500.00) or by in the County Jail for a period of not more than six (6)
months. or by both such fine and imprisonment. Each such person shall
be deemed guilty of a separate offense for every day during any por-
tion of which any violation of any provision of this ordinance is
committed, continued or permitted by such person, firm or corporation
and shall be punishable therefor as provided by this ordinance.
SECTION 10. Effective Date. This ordinance shall take
effect upon the expiration of thirty (30) days from its adoption.
SECTION 11. Certification. The City Clerk shall certify
to the adoption of this ordinance and cause the same to be published
once in the Temple City Times.
PASSED AND ADOPTED by the City Council of the City of Temple
City, California, at a regular meeting thereof held on this 23d
day of January , 1961, by the following roll call vote:
AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn
NOES: Councilmen -None
ABSENT: Councilmen -None
ATTEST:
City ter , C i't"y o Temple
Califo
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TEMPLE CITY
I, Marjorie A. Woodruff, do hereby certify that I have been duly
appointed Deputy City Clerk of the City of Temple City, California,
and that the foregoing Ordinance No. 60 -21 was introduced at a
regular meeting of the City Council held on January 9, 1961, and
adopted at a regular meeting of the City Council held on January
23, 1961, by the following roll call vote:
AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell, Fitzjohn
NOES: Councilmen -None
ABSENT: Councilmen -None
Dated: January 23, 1961
ad_t_cet.i. a
DeputyiCity Clerk of th' City of
Temple City, California
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