10.60.010 Obstructions at intersections prohibited--Exceptions.
A. Notwithstanding any other provisions of law to the contrary, no fence,
hedge, shrub, tree, wall, retaining wall, earthen bank, or other landscaping or
screening which exceeds a height of three feet above the street-pavement grade
shall be allowed along the property line for a distance, measured from the
intersection of two property lines or their projection, which is equal to the
sum of the building setbacks on each of the two intersecting streets, existing
or legal, whichever is less, or, within the area subtended. B. The
provisions of subsection A of this section shall not apply to a permanent
building or to trees which are trimmed to eliminate foliage for a distance of
eight feet above the street-pavement grade. (Prior traffic code §§
292, 293)
10.60.020 Authority of traffic engineer.
The Traffic Engineer of the city, upon ascertaining that a violation of
Section 10.60.010 exists, shall give written notice of said violation to the
owner of the property involved. Such notice shall be given in the same manner
and with the same effect as provided in Section 1013 of the California Code of
Civil Procedure. (Prior traffic code § 295)
10.60.030 Responsibility of owner.
The property owner to whom notice has been given shall, within twenty days
after the giving of notice by the Traffic Engineer, as provided in Section
10.60.020, do whatever is necessary on his or her property to eliminate the
violation of the provisions of this chapter. (Prior traffic code §
295)
10.60.040 Vision Obscurement Appeals Board.
There is created a Board known as the Vision Obscurement Appeals Board,
composed of the Traffic Engineer, the Director of City Planning, and the
Superintendent of Parks. The members of said Board shall serve without
additional compensation. The Board shall sit as often as necessary in order to
dispose of business property before it, but it need not sit more often than once
a month. (Prior traffic code § 296)
10.60.050 Appeal procedure.
The property owner to whom notice has been given, as hereinabove provided,
may, within ten days after the giving of such notice, file with the Traffic
Engineer a written notice of appeal. The Vision Obscurement Board shall have the
power, in exceptional cases, where it is impractical or physically impossible to
comply with the strict letter of this chapter, and in order to provide for
reasonable interpretations thereof, to modify the requirements of this chapter
in such a manner that the public welfare is secured, and substantial justice
done, nearly in accord with the intent and purpose of this chapter. The
determination and decision of said Board shall be final and conclusive. (Prior
traffic code § 297)
10.60.060 Nuisance.
A condition which is in violation of the provisions of this chapter is
declared to be a public nuisance. The city is authorized to abate such nuisance
by entering onto the property and removing the condition. (Prior traffic code
§ 298)
10.60.070 Cost of abatement a charge against the city--Collection of costs--Unpaid cost of lien.
Costs incurred by the city in the abatement of a condition which is in
violation of the provisions of this chapter shall be a proper charge against the
City Treasury and paid therefrom. The Traffic Engineer shall give the owner of
the property upon which said condition exists a written notice itemizing the
expense of such abatement and requesting payment. If the amount of such costs is
not paid to the Traffic Engineer within five days after the giving of such
notice, he or she shall record in the Office of the Recorder of Alameda County,
California, a certificate substantially in the following form:
Notice of Lien
Pursuant to authority vested in me by the Oakland Traffic Code, I did on
the _____ day of __________, 19_____, caused to be abated, at the owner’s
expense, in the amount of $__________, a condition upon the real property
hereinafter described. Said amount, nor any part, has not been paid. The City of
Oakland does hereby claim a lien upon said real property in said amount, which
amount shall remain a lien upon said real property until paid in full, together
with interest at the rate of 6% per annum from the date of recordation of this
lien in the Office of the Recorder of Alameda County, California. The real
property upon which lien is claimed is that certain parcel of land in the City
of Oakland, County of Alameda, State of California, described as follows:
_________________________
_________________________
(Insert property description)
Date:_______________, 19_____.
_________________________
Oakland Traffic Engineer
Costs incurred in such abatement shall
remain a lien upon the property described in the lien notice until paid in full,
plus accrued interest at the rate of six percent per annum from the date of
recordation. The statute of limitations shall not run against the city’s
right to enforce payment of such lien. (Prior traffic code § 299)
10.60.080 Alternative method of collection--Addition to tax bill of amount of costs--Procedure.
As an alternative method of collection of the amount of the lien, the
Traffic Engineer may record said notice of lien, as hereinabove provided, and
may thereafter transmit it, or a facsimile, to the County Auditor, who shall
thereupon enter that amount on the County Assessment Book opposite the
description of the particular lot or parcel of land; and the amount shall be
collected together with all other taxes levied against the property. The
assessment shall be subject to the same penalties and interest and to the same
procedure under foreclosure and sale in case of delinquency as is provided for
all other municipal and county taxes against the property; and all laws
applicable to the levy, collection, and enforcement of general property taxes
are made applicable to such special assessment. (Prior traffic code §
300)