For the purpose of this article, the portion
of right-of-way between the edge of the street and the street right-of-way
shall be controlled in accordance with Table 1 herein attached for the safety of the traveling public. Specifically,
line of sight considerations shall be of utmost importance at intersections
and at other points, such as horizontal or vertical curves, sags or
crests.
A. Publicly maintained roads shall be controlled as stated
above.
B. Private roads intersecting with public roadways shall
be controlled at the intersection in accordance with Table 1.
C. Driveway entrances shall be kept open and clear of
objects to the extent necessary for safe sight distance so that the
driver is visible to oncoming traffic and the vehicle is not over
the edge of the street in a stopped position as the driver checks
for oncoming traffic.
No person shall cause or permit the enlargement,
improvement or replacement of any object within the right-of-way which
would alter or restrict the flow of an existing or hereinafter installed
storm drainage system, including but not limited to filling of berm
ditch lines, blocking or plugging of driveway pipes, culverts or storm
sewers.
No encroachment of whatever nature or kind shall
be permitted within the right-of-way area other than as authorized
in this article.
A. Existing conditions. The Code Enforcement Officer(s)
shall review all existing conditions brought to his attention within
the right-of-way that present or constitute a concern of line of sight
hazard or safety concern to the traveling public.
(1) Where said condition does present sight distance hazard
or safety concern to the traveling public, the Code Enforcement Officer
shall take steps to have said situation corrected to the extent possible
for safety, as defined herein. Said steps may include but need not
be limited to moving of plant growth, trimming of trees to six feet
from grade and removal of plants only if necessary.
[Amended 12-16-1991 by Ord. No. 305-91]
(2) Any existing condition(s) which are not deemed a sight
distance hazard or safety concern by the Code Enforcement Officer
may be maintained in their current state. The property owner(s) or
leaseholder shall so be advised of the decision and the maintenance
requirements to maintain compliance with the provisions of this article.
(3) No existing condition shall be rebuilt or replaced
except in compliance with the provisions of this article.
B. New conditions. The Code Enforcement Officer shall,
from the effective date of this article, be empowered to enforce the
provisions of this article for placement of any object within the
right-of-way.
C. Notice. Upon determination that a violation of the
provisions of this article exists, the Code Enforcement Officer shall
serve written notice to the owner and/or occupant of any property
abutting such street or roadway thereof. Within 10 days of receipt
of this notice, the condition shall be corrected.
D. Remedies.
(1) In the event that the Code Enforcement Officer notifies
the Chief Administrator of a condition that presents an immediate
hazard to vehicles or pedestrians as defined herein, the Chief Administrator
shall be empowered to take immediate steps to have the same corrected
by municipal forces to the extent necessary to abate the hazard.
(2) In the event that the occupant or owner of such property
shall neglect, refuse or fail to remove such obstruction within the
time limit specified herein and after exhausting all other methods
provided herein, the Mayor of the Municipality, after notifying Council
at its next regular meeting, may cause the same to be done at the
expense of the Municipality, and the Municipality shall collect such
expenses and any additional sums authorized by law, together with
10% of said costs, from the occupant or owner of such property. The
Municipality may file a municipal claim against the premises to recover
said costs, plus 10%, or bring an action in assumpsit. The Mayor of
the Municipality may also, in addition to the above, direct the filing
of a bill in equity to enforce these provisions and enjoin any act
to recover any expenses incurred by the Municipality.
The Municipality, by permitting items within
the right-of-way, does not confer any vested right to the adjacent
property owner and retains its sole rights to ownership and/or sole
control of the right-of-way. The Municipality reserves the right to
direct an abutting property owner and/or occupant to remove all or
any part of an encroachment within the right-of-way area erected,
constructed or maintained, pursuant to the authority conferred under
this article, said removal to be without compensation or payment of
damages.
Any person, partnership, association, firm or
corporation who shall violate any of the provisions of this article
shall, upon conviction thereof in a summary proceeding, be sentenced
to pay a fine of not less than $25 and not more than $300 and cost
of prosecution and, in default of payment of such fines and costs,
to imprisonment for not more than 30 days, provided that each day's
continuance of a violation, after a notice thereof, shall constitute
a separate offense, and provided, further, that the penalty imposed
under this section may be in addition to any expenses and penalties
in connection therewith authorized to be collected under the preceding
section of this article.
[Added 12-16-1991 by Ord. No. 305-91]
Fees required to be paid to the Municipality with regard to the provisions of this article shall be as set forth in Chapter
112, Fees.