O 092 C.S.
-" )
...; RDINANCE NO. n C.S..,
/: AN ORDINfu\iCE OF THE CITY OF ARROYO GRANDE AMENDING THE
ARROYO GRANDE MJNICIPALCODE TO ADD CHAPTER 10 TO
TITLE 4 PERTAINING TO OBSTRUCTING VISIBILITY OF DRlVE.'WAYS
OR, INTERSECTIONS.
BE IT ORDAINED by the City Counoil of the City of Arroyo Grande, State
of California, as follows:
8BC'r1'nN 1: Title 4 of the Arroyo Grande M'..micip"l Cod" is amended by I
adding Chapter 10 thereto as follows:
Section 4-10.01. Obstruction of Visibility of Drive~avs
or Intersections.
In any R-Zone, any hedge, shrubbery, tree or fenoe or other
obstruction, growing, erected or maintaine.d in a parkway or on private property
in the vision triangle 2.i" defined belO'W', obstru.cts the "f,d.e,:;~ of any drivew,g.y or
intersection, or any traffic upon the stredts appro.s.ching stich driv,gway O'C
intersection, is hcereby deolared to be a public nuisanc.,,,. Such hazar.ds may
include any structuro, fence, landscaping or oth\Jr obstrnct1.r)n man' than two (2)
feet in height above th'3 h,v(,l of tbs si&awa,lk or gr"md ekvati,m, ,",'hichev(Jr is
higher, in an area call",d. a. vision triangle a8 spec:i.fled bdloW', excep't that trees
may be allowed wh..m no fo1i"gge is closer to the gre,und than seven and om',-half
(7'i) feet, unless :"therwi.s," approve-d.
SQlction ,4-10.02. Definition of "Vision Triangle".
(Ii) At ~ treet intersec tiOllS ~ thc.:~ boundaries of the vis ion
triangle are formed. by measuring along tb", curb lines from their projected
intersectton a distant'" of forty (40) feet and then connecting th", two (2)
points with a straight line.
(b) At drivewa.y entranC~3, the bou.ndar.ies vf the vision
triangle are fornled by m"as'lringalong th" side of the' pavod d:c1veway and along
the street right of way Iind fram their intersection a distance as dpecified
below and then connecting the two (2) points with a straight line:
(1) Not less than ten (10) feet for local streets
(less than sixty (60) foot right of way). \
- (2) Not less than fifteen (15 feet for collector
streets (sixty (60) or sixty-four (64) foot right of way).
{ (3) Not less than twenty (20) feet for major streets
(as defined in the Circulation Element of the General Plan).
Section 4-10.03. Notice to Abate Public Nuisance and
Provision for Apueal.
,"",";'
J-'~ Whenever the Director of ~Jblic Works, following review by the
Arroyo Grande City Parking and Traffic Commission, finds said public nuisance to
exist, any such public nuisance may be abated. under the direction of the Director
of Public Works fifteen (IS) days after he has caused nQtioe of a hazardous
condition to be mailed to the concerned property owner or owners by certified mail,
return receipt requested, with a fi.ve (5) day rl~turn requ.ested. The cost of such
removal shall, after confirmation by the Council, constitute a lien and special
assessment against the concerned parcel or parcels in accordance with the provisions
of Sections 38773 and 38773. <; of the Government Code of the S tate unless the propert1f
owner maintaining such nuisance files an appeal fr~n the determination of the
Director of Public Works to the Council with the City Clerk within ten (10) days
from the date of mailing the required notice to the property owner, In the event
such an appeal to the Council is filed, a h€!aring shall be, held befor(~ the Council,
and no action shall be taken by the Director of Public Works to abate the condition
which he has classified as a public nuisance until th,~ Council has announced its
dec is ion. At least ten (10) days prior to the date set for such hearing, the City
Clerk shall mail a notice by certified or register(,d mai.l, return receipt requested,
to the owner of the affected parcel or parcels as shOwn On the last equalized
assessment roll. The own<<r of the real property on which the nuisance is located
may appear i.n person at the h,aring or present a wri.tten statem'3nt under penalty
of perjury in time for consideration at the hearing (!xplaining why, il~ his opinion,
the condition of the property does not consti,tute a nuisance or why th cost of
(9/73)
~ 'lIQuId not be assessed against 0 property upon which
aQ~ing the public nuisanci
.;the nuisance is lOcated.
.
Section 4-10.04. Public Nuisance. Abat<~ent: Costs:
Assessments.
If the property owner fails to appeal to the Council within the
allotted time, or if the Council finds that the condition of the property noted by
the Director of Public Works constitutes a public nuisance and that the property
CW1'Iershould be responsible for the cost of removing such nuisance, the full cost
of abating the public nuisance shall be made a special assessment against the
concerned parcel or parcels. The precise cost of such removal 'shsll be announced
and confirmed by the Council at a duly noticed hearing of the Council as soon ,as
the final costs have been ascertained. The assessment may be collected at the
same time and in the same manner as ordinary municipal taxes are collected and
shall be subjected to the same penalties and the same procedure and sale in case
of delinquency as provided for ordinary municipal taxes. All laws applicable to
the levy, collection, and enforcement of municipal taxes shall be applicable to
such special assessment.
SECTION 2: This Ordinance shall be in full force $,nd eff'Jctthirty (30)
days after its passage, and within fifteen (15) days after its passage it shall
be published once, togeth.~r with the nSilles of the Councilmen voting thereon, in
the Five Cities Times-Press-Recorder.
On motion of Councilman de Leon, seconded by Crnlncilrnan Wood and on the I
following roll call vote, to wit:
AYES: Councih'km Tallci,y, Millis, Woed, de l,eon and Mayor Schlegel
NOES: None
ABSENT: None
the foregoing Ordinanc'~ was passed and adopted this 25th day of September, 1973.
atL-~~
ATTEST: 4I'AJ.:::l . dli' tkn, ~
CITY CLERK r
I, Ines A. del Campo, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify that the foregoing
Oedin.nce, Nn..92 C.S. is a true, full and correct copy of said Ordinance pasae~
and adopted by the City Council of the City of Arroyo Grandeata regular
meeting of said Council held on the 25th day of September, 1973.
WITNESSc~hand and the seal of the City of Arroyo Grande affixed
this 26th day of September, 1973.
~5i.dd~
City Clerk of the City of A oyo Grande
(SEAL)