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HomeMy Public PortalAboutOrdinance 62-75ORDINANCE NO. 62 -75 AN ORDINANCE OF THE CITY OF TEMPLE CITY CALIFORNIA ADDING SECTIONS 8103 THROUGH 8109 PERTAINING TO THE ABATEMENT OF HEDGES, SIGNS AND OTHER OBSTRUCTIONS TO VISIBIL- ITY BETWEEN STREET INTERSECTIONS THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1: The Temple City Municipal Code is hereby amend- ed to add Sections 8103 through 8109 to read as follows: "8103. Obstructions to visibility at edge of roadway be- tween intersecting streets which unreasonably or substantially inter- fere with the safety of pedestrian movements and /or vehicular move- ments are hereby declared to be matters of public safety and subject to regulation under the police power of the City of Temple City. 8104. Obstructions Prohibited. There shall not be maintain- ed upon any property facing any public street any sign, hedge, shrub- bery, natural growth or other obstruction to the view, higher than 40 inches above the gutter (or if there be no gutter, the edge of the roadsay) within a distance of ten feet from the edge of the gutter or roadway as hereinafter defined. 8105. Gutter and Edge of Roadway Defined. Gutter is defined as the bottom of the curb at the juncture of the curb and gutter. Edge of Roadway is defined as the average edge of the paved roadway exist- ing in front of any parcel of property. 8106. Exceptions. The foregoing provisions shall not apply to permanent buildings, public utility poles, young sapplings 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 8105 Official Traffic Signs, or to places where the natural contour of the ground is such that there can be no cross visibility at the midblock location. 8107. Investigation. The enforcement of Sections 8103 through 8109 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 or his authorized agent 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. 8108. Appeal. The owner of such posted property may appeal to the Traffic Commission of the City and show cause why such 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. 8109. Remedies. Any obstruction maintained in violation 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 the notice to abate the nuisance the City Manager or his authorized agent may enter upon the premises and remove or eliminate the obstruc- tion. In such event, the cost to the City of the abatement of the 188 1 1 1 Ordinance No. 62 -75, page 2 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, recover- able by the City in an action before any court of competent jurisdic- tion." SECTION 2, 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 28thday of May , 1962, by the following roll call vote: AYES: Councilmen- Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen - Dickason ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF TEMPLE CITY ayo mp e C ty, alifornia ss ity o em, u- ity, Call ornia 1, Marjorie A. Woodruff, do hereby certify that I have been duly appointed Deputy CIty Clerk of the City of Temple City„ California, and thet the foregoing Ordinance No. 62-75 was introduced at a regular meeting of the City Council held on May 14, 1962, and adopted at a regular meeting of the City Council held on May 28, 1962, by the following roll call vote: AYES; Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT; Councilman- Dickason Dated: May 28, 1962 0-4-c_e X1 Deputy C- ty Clerk of the Cit Temple City, California 189