A.
It
is unlawful within the town for any person to install, plant, place,
set out or maintain, or to allow to be installed, planted, placed,
set out or maintained, or to permit to exist any tree, hedge, shrubbery,
plant, natural growth, sign or other obstruction to the view which
is higher than two feet six inches (2'6") above either:
1.
The
top of the curb return at the applicable corner of the intersection;
or
2.
The
nearest pavement surface, where there is no curb; or
3.
The
existing traveled roadway at the corner in question where there is
no curb or pavement; on property at any corner formed by intersecting
streets, within that triangular area bounded by the property lines
and a diagonal line joining points on the property lines located twenty-five
feet (25') from the point of intersection of the property lines on
two (2) intersecting streets, or in the case of rounded corners, the
triangular area bounded by the tangents to the curve of property lines
on two (2) intersecting streets and a diagonal line joining tangents
to said curves at points that shall be located twenty-five feet (25')
from the point of intersection of said tangents. The tangents referred
to are those at the beginning and at the end of the curve at the corner.
B.
Any
obstruction maintained or existing in violation of this section shall
be deemed a public nuisance.
(1981 Code, sec. 18-115; Ordinance 97-51, sec. 1, adopted 1997)
The provisions of this chapter shall not apply to permanent
buildings, public utility poles, young saplings or trees trimmed to
the trunk so as to permit unobstructed cross visibility to a line
at least seven feet (7') above the level of the reference point as
defined in subsection 12.16.010.A of this chapter, official traffic
signs installed pursuant to chapter 10.04 of this code, any sign or
structure installed pursuant to this code or any ordinance or resolution
of the town, or to places where the contour of the ground is such
that there can be no cross visibility at the intersection by virtue
of such contour alone.
(1981 Code, sec. 18-116; Ordinance 97-51, sec. 1, adopted 1997)
The town is charged with the enforcement of this chapter and, to that end, the town, or any authorized town officer or employee, may enter upon private property within the town at reasonable hours for the purpose of determining if there is any violation of this chapter in conformity with the right of entry provisions in section 9.08.010 of this code.
(1981 Code, sec. 18-117; Ordinance 97-51, sec. 1, adopted 1997)
If any tree, hedge, shrubbery, planting, natural growth, sign
or other obstruction is installed, planted, placed, set out or maintained
or permitted to exist in violation of this chapter, the chief of police
shall give the owner of the premises upon which the obstruction exists
written notice that the said tree, hedge, shrubbery, planting, natural
growth, sign or other obstruction violates the requirements of this
chapter, creating a hazard to the safety of those persons using the
streets. The notice shall inform such owner that if the obstruction
is not destroyed or removed or trimmed to comply with the provisions
of this chapter within five (5) days from the date of notice, the
town shall perform the required act and shall assess the cost thereof
against the property.
(1981 Code, sec. 18-118; Ordinance 97-51, sec. 1, adopted 1997)
The notice to remove an obstruction issued under the provisions
of this chapter shall be given to the owner of the premises on which
such obstruction exists by personal service, and if written notice
cannot be personally served upon the owner in the town, the notice
shall be sent by registered mail to the owner at his last known address.
In addition thereto, a sign shall be posted in the sidewalk space
adjacent to the premises in question, stating that said obstruction
is deemed a public nuisance and should be removed.
(1981 Code, sec. 18-119; Ordinance 97-51, sec. 1, adopted 1997)
If any obstruction existing in violation of this chapter is
not destroyed, removed or trimmed to comply with the requirements
of this chapter within five (5) days from the date of notice, the
town shall destroy, remove or trim the obstruction and the cost shall
be assessed against the property on which such obstruction exists.
(1981 Code, sec. 18-120; Ordinance 97-51, sec. 1, adopted 1997)
The cost and expense of removal or abatement of any obstruction
under the provisions of this chapter shall be determined and equalized
at a regular meeting of the town council by resolution, and assessed
as a special assessment against the real estate upon which such obstruction
existed. Notice of the time and purpose of such meeting of the town
council for the making of such assessment shall be given not less
than five (5) days prior to such meeting. Said notice shall be given
such owner by personal service, and in the event personal service
of such notice cannot be made in the town, the notice shall be sent
by registered mail to the owner at his last known address and published
once in a newspaper of general circulation in the town.
(1981 Code, sec. 18-121; Ordinance 97-51, sec. 1, adopted 1997)
Any assessment made under the provisions of this chapter shall
be certified by the town clerk and delivered to the county treasurer
and shall be collected in the manner provided by law for the collection
of general real estate taxes. Such assessment shall be a lien upon
such real estate from the date of assessment, shall be due immediately
upon being certified to the county treasurer for the town and shall
become delinquent December 1 after the date of assessment, and shall
draw interest at the rate of one percent (1%) per month from date
of delinquency until paid. It shall be the duty of the county treasurer
to collect the amount of such assessment in the same manner and at
the same time as general taxes and the items of such assessment shall
be receipted for on the same receipt blanks as general real estate
taxes.
(1981 Code, sec. 18-122; Ordinance 97-51, sec. 1, adopted 1997)
