To enhance traffic safety at public intersections, obstructions located on private property that interfere with the view of traffic are controlled as provided in this chapter.
(Ord. CS 41 §1(part), 1983; Ord. CS 507 §1, 1993)
The following words used in this chapter shall have the following meanings;
A.
"Board" means the board of supervisors of Stanislaus County.
B.
"County" means and includes all of the unincorporated areas within the county of Stanislaus, state of California.
C.
"Obstructions" means structures, signs, hedges, shrubbery, trees, natural or planted growth, fences, or other barriers to view either natural or manmade.
D.
"Pavement surface" means either the nearest pavement surface or the nearest traveled roadway where there is no pavement.
E.
"Road right-of-way line." The road right-of-way line for determining the controlled triangular area for restricting obstructions shall be the existing right-of-way line for the roadway.
F.
"Speed" means the posted speed, or prima facie speed if not posted, of the road but in no case shall it exceed the state allowable maximum speed of fifty-five miles per hour.
(Ord. CS 41 §1, 1983; Ord. CS 507 §1, 1993)
A.
No person shall install, set out or maintain, or allow the installation, setting out or maintenance, at any corner formed by intersecting county-maintained roads within the county of any obstruction, higher than thirty inches above the nearest pavement surface, within that controlled triangular area defined and set out in subsection B of this section.
B.
The controlled triangular area shall be determined by the following method;
1.
a.
Determine the setback point for the driver on the stopped road by measuring along the center of the approach lane of the stopped road to a point approximately fifteen feet from the edge of the traveled way on the through road;
b.
In some cases a point fifteen feet back may be unreasonable;
c.
In such cases a lesser value may be used, but the minimum value used should be no less than twelve feet.
2.
a.
Determine the point on the through road where a driver waiting to cross on the stopped road is allowed seven and one-half seconds to turn onto or cross the main road. Such point shall be determined using the speed of the through road and shall be located in the center of the approach lane of the through road.
b.
The following distances may be used to set this point:
Speed | Distance |
|---|---|
25 miles per hour | 275 feet |
30 miles per hour | 330 feet |
35 miles per hour | 385 feet |
40 miles per hour | 440 feet |
45 miles per hour | 495 feet |
50 miles per hour | 550 feet |
55 miles per hour | 605 feet |
c.
In some cases, obtaining seven and one-half seconds of corner sight distance may be unreasonable. In such cases a lesser value may be used, but the minimum value should be the stopping sight distance measured from a three and one-half foot eye height of the stopped road to a four and one-quarter foot object height on the through road.
d.
The following stopping sight distances may be used if a stopping sight distance analysis is not available or is unnecessary:
Speed | Distance |
|---|---|
25 miles per hour | 150 feet |
30 miles per hour | 200 feet |
35 miles per hour | 250 feet |
40 miles per hour | 300 feet |
45 miles per hour | 360 feet |
50 miles per hour | 430 feet |
55 miles per hour | 500 feet |
3.
Connect the points determined in subsections (B)(1) and (B)(2) above with a straight line. The controlled sight distance area is the triangular area bounded by the adjacent right-of-way lines of the roads at the corner of the intersection and the line created by the connection of the points determined in subsections (B)(1) and (B)(2) above.
(Ord. CS 41 §1, 1983; Ord. CS 507 §1, 1993)
The provisions codified in Section 11.26.040 shall not apply to the following:
A.
Existing permanent buildings;
B.
Public utility poles and appurtenances;
C.
Trees trimmed to the trunk so as to provide a clear open space between pavement surface and a plane seven feet higher than the pavement surface and whose trunk does not substantially impair vision;
D.
Fences of a type which do not substantially impair vision;
E.
Official traffic control signs, street lights or signals;
F.
Places where the contour of the ground is such that there can be no cross visibility at the intersection;
G.
Signs mounted so as to provide a clear open space of seven feet or more above the ground and whose supports do not substantially impair vision;
H.
Vehicles, parked or otherwise;
I.
Residential and/or commercial districts as defined in the Vehicle Code; and
J.
Obstructions found by the board at a public hearing to not create a traffic hazard. Such findings shall be supported by evidence provided by an engineer, licensed by the state of California, as being qualified to perform such analysis.
K.
Public road intersections where all traffic is required to stop prior to entering the intersection (all-way stop) or at intersections where traffic signals are installed.
(Ord. CS 41 §1, 1983; Ord. CS 507 §1, 1993)
Nothing in Section 11.26.050 or any provision in this chapter shall be construed to limit or restrict the right or authority of the director of public works to order the removal or have removed, any obstruction to sight distance, which lies within the controlled triangle area as defined in Section 11.26.040 of this chapter, and is determined by current engineering practices to constitute a hazard to the traveling public.
(Ord. CS 41 §1, 1983; Ord. CS 507 §1, 1993)
No obstruction as defined in this chapter shall be deemed to be excepted from the application of this chapter because of its existence at the time of adoption hereof, unless expressly exempted by the terms of Section 11.26.050.
(Ord. CS 41 §1, 1983; Ord. CS 507 §1, 1993)
A.
Enforcement by the Director of Public Works. Except, as otherwise provided in this chapter, the administrating officer of this chapter will be the director of public works. In the enforcement of this chapter, such officer, or designated representatives, may enter upon private or public property to remove or cause the removal of any obstruction as defined in this chapter that is declared to be a nuisance.
B.
Administrative Costs Fixed by Resolution. The board by resolution shall, from time to time, determine and fix an amount to be assessed as administrative costs excluding the actual cost of removal of any object that is declared to be a nuisance pursuant to this chapter.
C.
Authority to Cause Abatement and Removal by Director of Public Works. Upon declaring the existence of an obstruction which is determined to be a nuisance under the guidelines of this chapter, the director of public works shall have the authority to cause the abatement and removal in accordance with the procedure prescribed in this chapter.
D.
Notice to Owner Required. A thirty-day notice of the intention to abate and remove an obstruction that is deemed by the director of public works to be a public nuisance under the provisions of this chapter, shall be mailed by registered or certified mail to the owner of the land upon which the obstruction is located.
E.
Notice to Owner—Statement of Hearing Rights to Accompany. A notice sent pursuant to subsection D of this section shall contain a statement of the hearing rights of the owner of the property upon which the obstruction is located. The statement shall include notice to the property owner that the owner or the owner's agent may appear in person at a hearing or may submit a sworn written statement objecting to the removal of the obstruction or to its classification as a nuisance.
F.
Hearing—By Request of Owner.
1.
Upon request by the owner, or the owner's agent of the land, received in writing by the director of public works within thirty days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the board on the question of removal of the nuisance and the assessment of administrative and removal costs against the owner of the property on which it is located.
2.
If such request for a hearing is not received by the director of public works within thirty days after the mailing of the notice of intention to abate and remove, the director of public works shall have the authority to abate and remove the obstruction as a public nuisance without the holding of a public hearing. Administrative costs and the cost of removal of the nuisance may be charged against the owner of the property on which it was located.
G.
Hearing—Procedures and Determinations.
1.
All hearings under this chapter shall be held before the board which shall hear all the facts and testimony it deems pertinent. The board shall not be limited by the technical rules of evidence. The owner, or the owner's agent of the land, may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing.
2.
a.
The board may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the nuisance if, in its opinion, the circumstances justify it. If, at the conclusion of the public hearing, the board finds that the obstruction on private property is a nuisance, it may order the nuisance removed, determine the administrative costs and/or the cost of removal of the nuisance and order the administrative costs and/or the removal costs to be charged against the owner of the land.
b.
The order requiring removal shall include a description of the nuisance.
3.
If the owner, or the owner's agent, of the land submits a sworn written statement to the board but does not appear, or if any interested party makes written presentation to the board but does not appear, then they shall be notified in writing of the board's decision.
H.
Removal Requirements. Fifteen days after such action by the board authorizing removal the nuisance may be removed by the department of public works.
I.
Collection of Costs as Tax Assessment in the Cases of Nonpayment.
a.
The county shall send a statement of administrative and/or removal costs to the owner of the property on which the obstruction was removed.
b.
If the administrative costs and the cost of removal which are charged against the owner of the parcel of land pursuant to subsections B, F and (G)(2) of this section are not paid within thirty days of the date of the statement, such costs shall be assessed against the parcel of land pursuant to Government Code Section 25845 and shall be transmitted to the county tax collector for collection. The assessment shall have the same priority as other taxes.
(Ord. CS 41 §1, 1983; Ord. CS 507 §1, 1993)
A.
Nothing contained in this chapter shall be construed to create any mandatory duty, as that term is defined in California Government Code Section 815.6 or otherwise on the part of the county to remove or cause to be removed any obstruction so determined.
B.
Nothing contained in this chapter shall be construed to create any standard, rule, policy, manual or guideline setting forth any standards of conduct or guidelines of the county or its agents and employees in the conduct of their agency of employment and shall not be considered a statute, ordinance, or regulation of the county within the meaning of Evidence Code Section 669, Government Code Section 811.6 or otherwise.
C.
Nothing contained in this chapter shall be admissible against the county for the purpose in any civil proceeding paying for money damages brought against the county based on a dangerous condition of public property theory of liability.
(Ord. CS 41 §1, 1983; Ord. CS 507 §1, 1993)