Hazard Abatement



Overview

Traffic Engineering investigates and abates traffic hazards created by vegetation, i.e., tree limbs, bushes, and weeds blocking traffic control signs and signals, or causing blind corners.
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This section of the City's Ordinance covers Hazard Abatement
Sec. 102-39. Visibility Sight Triangle.

(a) Wherever the director of aviation, traffic and transportation shall find a tree, shrub, hedge or other natural growth of any sort or description located and growing within the boundaries of any public street in the city which interferes with the vision of automobile drivers or the drivers of other types of vehicles driving upon such streets, therefore constituting a traffic hazard, the director of aviation, traffic and transportation is therefore authorized to cause the traffic hazard to be abated by trimming or removing any such obstruction.

(b) The director of aviation, traffic and transportation is authorized to give written notice to the owner of any abutting property and afford such owner the opportunity to do the work of removing such hazard to traffic within a ten-day period of receipt of the notice, but shall not be compelled to await the owner's action when he shall find that the public safety requires the immediate abatement of such hazard.

(c) If any hazard is not removed after notice to the adjoining property owner, the director of aviation, traffic and transportation is authorized and directed to request the parks and recreation department to furnish the workers and equipment to do whatever is necessary in the premises to remove such hazard, such work to be done immediately.

(d) If any interested person is dissatisfied with the action of the director of aviation, traffic and transportation, the person may, within the ten-day period of notice described in this section, file an appeal with the city traffic safety commission for a full and complete hearing by such commission, and the interested property owner may in his discretion appeal the matter to the city council whose judgment thereon shall be final.

(e) For the direction of the director of aviation, traffic and transportation, the minimum height of 12 feet of clearance of all hedges, shrubbery or tree limbs over any city street is determined to be the minimum height for any overhanging shrubbery or growth.

(f) On any corner lot or parkway adjacent thereto, a fence, wall, structure, sign, hedge, tree or obstruction of any nature erected, planted or maintained so as to interfere with sight lines at elevations between two feet and eight feet above the top of the adjacent roadway curb or, if there is no curb, from the average street grade, within a triangular area formed by the intersection of the adjacent curb lines or, if none exists, the normal curb lines and a point on each curb line 45 feet from the intersection shall be prima facie evidence that such fence, wall, structure, sign, hedge, tree or obstruction of any nature constitutes an obstruction to vision as regards to public traffic on the streets. The triangular area of visibility as provided for in this subsection is further described and depicted by the drawing following this subsection. Any such fence, wall, structure, sign, hedge, tree or obstruction of any nature erected, planted or maintained in violation of this subsection shall be removed upon written notice from the director of aviation, traffic and transportation, served upon the owner, agent or occupant of the premises where such obstruction has been erected, planted or maintained. If the obstruction is not removed within ten days after notice, it may be removed by the city at the expense of the property owner. The owner, agent or occupant shall be subject to a fine of not more than $200.00, and each day that such owner, agent or occupant suffers the obstruction to remain shall be deemed a separate offense. Any building or structure built in conformance with the city building codes or requirements which fall within this triangular area shall be exempt from this subsection.