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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 49 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 50