No buttresses, steps, projections, retaining walls or fences
will be allowed to be constructed on any public property used as a
street or alley in the City.
No
fence, wall, screen, billboard, sign, structure, or foliage of hedges,
trees, bushes, or shrubs shall be erected, planted or maintained in
such a position or placed so as to obstruct or interfere with the
minimum sight line standards [for areas] between the elevations of
three (3) feet and nine (9) feet above the average street grade as
follows:
Vision at all intersections where streets intersect at or near right
angles within a triangular area formed by extending the curblines
to form an intersection and connecting the two (2) points located
on said curblines forty-five (45) feet from their intersection.
Vision at all intersections of a street and an alley within a triangular
area formed by extending the curb and paving lines to form an intersection
and connecting the two (2) points located on said lines twenty-five
(25) feet from their intersection.
The
above restrictions will also apply to streets which do not intersect
at right angles with the exception that 45-foot and 25-foot dimensions
may be varied by the Director of Transportation to provide a minimum
line of sight of two hundred seventy-five (275) feet, measured from
the intersection of the extension of the two (2) curblines, along
the curbline to form a triangle with legs of forty-five (45) feet
by two hundred seventy-five (275) feet minimum.
Any such fence, wall, screen, hedge, tree, bush, shrub, billboard, sign or structure erected, planted or maintained in violation of subsection (A) shall be removed upon written notice from the Director of Transportation to the adjacent property owned. In the event that the obstruction lies within the City’s right-of-way and is not removed by the property owner within fourteen (14) days after notice, the City will remove the object and it will become the property of the City. The property owner may claim the object or material, with the exception of plant material, within thirty (30) days of its removal by reimbursing the City for the cost of its removal.
Restriction
of intent with respect to removal of vegetation.
It specifically
is not the intent of this section to cause arbitrary and capricious
removal of trees, shrubs, and ornamental plantings which do not present
an obviously hazardous obstruction to the sight line as described
above.
In the event that the obstruction lies within private property and is not removed within fourteen (14) days after notice as provided for in subsection (B), the owner shall, upon conviction, be subject to a fine of not less than one dollar ($1.00) nor more than two hundred dollars ($200.00), and each day such owner suffers the obstruction to remain shall be deemed to be a separate offense.