Chapter 9.24
OBSTRUCTING VIEW
Sections:
9.24.050 Failure to remove obstructions – Notice to remove – Removal by City.
9.24.060 Cost of removal to be lien.
9.24.010 Defined.
“Obstructing view,” for the purposes of this chapter, shall be such obstructing view determined by the street superintendent and police department as decreases the clear distance of view to persons and vehicles using such public place in a normal manner. (Ord. 401 § 5. Code 1964 § 13-11.)
9.24.020 Trees, shrubs, etc.
The uncontrolled growth of certain trees, hedges, shrubs, vines and other growth within the City adjacent to public streets and public places which obstruct the view from vehicles using such public places so as to be a traffic hazard is declared to be a public nuisance. (Ord. 401 § 1. Code 1964 § 13-12.)
9.24.030 Corner lots.1
It shall be unlawful for the owners or occupants of any corner lot or premises in the City to keep, permit or maintain trees, hedges, shrubs, vines or any growth between the curb line and the property line or within the private lot or premises for a distance of 15 feet measured horizontally from the point of intersection of the property lines at street corners unless such trees, hedges, shrubs, vines or other growth are so trimmed that the height of the same shall not exceed three feet above the level of the street at the curb, except that trees, the main stalks or trunks of which are exposed to a height of eight feet above the street level, need not be so trimmed or cut unless such trees are determined to constitute and be a traffic hazard by the police department, which determination of the police department may be reviewed by the City Council upon written application for such review. (Ord. 401 § 2. Code 1964 § 13-13.)
9.24.040 Prohibited.
Every owner, possessor, occupant, manager or person in control of real property shall maintain all trees, hedges, shrubs, vines and other growth upon any property owned, possessed, occupied, managed or controlled by him adjacent to any public street, right-of-way, parkway, place, alley or way in such manner as to prevent obstruction of view as set forth in this chapter. (Ord. 401 § 3. Code 1964 § 13-14.)
9.24.050 Failure to remove obstructions – Notice to remove – Removal by City.
Upon the failure of an owner, possessor, occupant, manager or person in control of any real property to remove, cut, clear, trim and clear away any obstruction of growth of trees, hedges, shrubs, vines or other growth as set forth in this chapter from any real property owned, possessed, occupied or controlled by him adjacent to a public street, parkway, place, alley or way, the owner or person in control of such real property may be notified by the street superintendent to remove the same so as to comply with this chapter. Such notice shall be in writing and shall be posted in a conspicuous place upon the property for a period of not less than seven days. If, at the end of such period, such owner or person in control has failed to comply therewith, then the street superintendent shall cause such growth in violation of this section to be cleared away, cut, removed or trimmed from such property and shall charge the expense of such work to the owner of the property. This notice requirement shall in no way excuse performance required by this section nor be used as a defense to prosecution pursuant to this chapter. (Ord. 401 § 4. Code 1964 § 13-15.)
9.24.060 Cost of removal to be lien.
Upon completion of the work of cutting, clearing, trimming or removing obstructing growth as provided for in HMC 9.24.050, the street superintendent shall notify the owner or person in control of such real property in writing by letter mailed to such person, or to the occupant of the premises, of the amount of the expense of such work. If such owner or person in control thereof fails or refuses to pay the amount of such expense within a period of 30 days from the date of such notice, the amount thereof shall be certified to the tax collector of the City, who shall record in a book kept for that purpose the name of the owner of the property upon which the work was done, a description of the property sufficient for identification and the amount charged against such property for doing the work. From and after the date of such recording, the amount charged against the owner of the property shall be a lien upon the real property. The amount may be collected by an action brought on behalf of the City to foreclose such lien. (Ord. 401 § 4. Code 1964 § 13-16.)
As to streets and sidewalks generally, see Chapter 12.04 HMC.