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Chapter 10.60 VISION OBSCUREMENT AT INTERSECTIONS



Chapter 10.60 VISION OBSCUREMENT AT INTERSECTIONS

10.60.010 Obstructions at intersections prohibited--Exceptions.

10.60.020 Authority of traffic engineer.

10.60.030 Responsibility of owner.

10.60.040 Vision Obscurement Appeals Board.

10.60.050 Appeal procedure.

10.60.060 Nuisance.

10.60.070 Cost of abatement a charge against the city--Collection of costs--Unpaid cost of lien.

10.60.080 Alternative method of collection--Addition to tax bill of amount of costs--Procedure.

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)