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HomeMy WebLinkAbout07206ORDINANCE NO. 7206 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XV OF THE PUEBLO MUNICIPAL CODE RELATING TO SIGHT OBSTRUCTIONS AT INTERSECTIONS AND OTHER TRAFFIC HAZARDS, ABATEMENT PROCEDURES APPLICABLE THERETO, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND REPEALING REDUNDANT AND INCONSISTENT PROVISIONS CONTAINED IN SECTION 8 OF CHAPTER 1 OF TITLE XV OF THE PUEBLO MUNICIPAL CODE RELATING THERETO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that (brackets indicate matter deleted, underscoring indicates matter added): SECTION 1. Chapter 3 of Title XV of the Pueblo Municipal Code is amended to read as follows: Sec. 15 -3 -1. Definitions. As used in this Chapter, the following terms are hereby defined as follows: [(1) Highway means the area devoted to public use for street travel, parking and pedestrian purposes; and includes all such areas outside of the exterior property line of lots or like parcels of land, as shown by maps and plats of subdivisions and blocks in which the same are located or established by ordinance. (2) Street area or street means the area between curb lines designated for vehicular travel according to such maps and plats or established by ordinance. (3) Parking area means the area between the exterior sidewalk line and the contiguous exterior street line (curb line) parallel thereto, as shown by such maps and plats or established by ordinances. (4) Area of intersection means the street area at the intersection of streets bounded by the curb line of such streets extended, as shown by such maps and plats or established by ordinance. (5) Owner means the record owner of the lots or parcels of land to which the affected parking area is appurtenant.] (a) Clear sight triangle means that area along the intersection approach legs and across their included corners as calculated based upon the applicable formula and factors set forth in A Policy on Geometric Design of Highways and Streets, Intersection Sight Distance (American Association of State Highway and Transportation Officials, Washington, D.C.) 2001, as same may be amended. Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every wav declared to be a public hiahwav by anv law of this state. (c) Intersection area means the area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of two (2) or more highways which loin one another at an anale. Obstruct means to render impassible or to render passage or use unreasonably inconvenient or hazardous. (e) Owner means the record owner of the real property. Public right -of -way means any area devoted to public use for pedestrian or vehicle travel including without limitation highways, streets, roadways, sidewalks, alleys, paths and trails. & Vehicle means any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. "Vehicle" includes any bicycle, but such term does not include any wheelchair, or any off - highway vehicle, snowmobile, any farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved by muscular power or moved exclusively over stationary rails or tracks or designed to move primarily through the air. Sec. 15 -3 -2. [Obstruction of view; declaration of nuisance] Traffic hazards [It shall be unlawful for any person to construct, maintain or permit to remain any fence or other structure, or any bush, tree or other plant on a corner lot or lots or in the parking areas adjacent to such lot or lots which obstructs the view of the intersection area to vehicular travelers upon the adjacent streets approaching such intersections. All trees, shrubs, bushes or other plantings, and all fences or other structures located and existing on a corner lot or lots or in the parking areas adjacent thereto at a height of more than two (2) feet or less than eight (8) feet above the adjacent street grade are hereby declared to be a nuisance, a menace and an obstruction to public street travel, and shall be abated as a public nuisance as prescribed in Section 15 -3 -3; provided, however, that this Section shall not be construed to change the front and side yard requirements as set forth in Title XVII of this Code for main buildings upon any lot or lots affected by this Section.] (a) The following conditions are hereby expressly declared to be nuisances and constitute a threat to the safety of drivers and pedestrians. Obscuring view of traffic control devices. Any fence or other structure or any shrub, hedge, bush, tree or other plant which obscures the view of a traffic control device to pedestrians or drivers using the public right -of -way. Encroachment upon and obstruction of the public right -of -way. Any fence or other structure or any shrub, hedge, bush, tree or other plant which encroaches upon and obstructs the use of the public riaht- of -way. including without limitation. overhanging tree limbs. Sight impairment at intersection. Any fence or other structure or any shrub, hedge, bush, tree or other plant which impairs the view of and constitutes a hazard to drivers of vehicles approaching, departing, entering or crossing an intersection area. It is presumed that any fence or other structure or any shrub, hedge, bush, tree or other plant which occupies an area in the clear sight triangle between two (2) and eight (8) feet above the immediately adjacent street grade does impair the view of and constitutes a hazard to vehicles approaching, departing, entering or crossing the intersection area. This subsection 15- 3- 2(a)(3) shall not, however, be construed to change the front and side yard reauirements as set forth in Title XVII of this Code for main buildinas. Unlawful acts. It shall be unlawful and a Class 1 municipal offense for any owner or occupant of real property to permit, allow or suffer any nuisance under this Section to exist on or extend or project from such property or to exist on or extend or project from any abutting public place which such owner or occupant is obligated to maintain pursuant to Section 10 -2 -4 of this Code. Each continuance of a nuisance for a twenty -four (24) hour period shall constitute a separate and distinct violation. Sec. 15 -3 -3. Abatement[, method, hearing, appeal]. (a) It shall be the duty of the Traffic Engineer, upon inspection of [highways and] the public rights -of -way within the City, to proceed to abate [or remedy] any nuisance [or dangerous condition] as defined [in the preceding Section of this Chapter by proceeding as follows:] in this Chapter (b) Written notice shall be given by the Traffic Engineer both to the owner and to the occupant, if any, of the premises on which such [obstruction exists] nuisance exists or from which the nuisance extends or projects specifying the same and ordering such [obstruction] nuisance to be removed within twenty (20) days by such owner or occupant, or in the alternative that the [obstruction] nuisance will be cut down, removed or destroyed by the City [at public expense]. (c) Notice to the owner may be given by certified mail return receipt requested, at the last known post office address of such owner, or if such address cannot be found then by posting upon the premises; a notice to the occupant as aforesaid may be made by certified mail return receipt requested. (d) Within the twenty -day period required by the notice aforesaid, the owner or occupant of the premises may appeal from the order of the [City Council] Traffic Engineer Such appeal shall be filed with the Director of Transportation, shall be in writing and shall designate whether the appellant is the owner or the occupant of the premises. [The City Council shall thereupon set a day for hearing to be held within ten (10) days subsequent to such twenty -day period, and shall notify the appellant of such time when he or she may be heard. At such hearing, the City Council shall determine as a matter of fact, whether or not the obstructions mentioned in the notice are a nuisance or menace to public travel as defined in the preceding Section hereof, and such findings of fact shall be conclusive. The City Council at the same time shall order the property owners to proceed accordingly.] Unless a contrary requirement is set forth in this Chapter, all appeals hereunder shall be conducted pursuant to Sections 1 -7 -7, 1 -7 -8, 1 -7 -9, 1 -7 -10, 1 -7 -11, 1 -7 -12 and 1 -7 -14 of this Code. The Director of Transportation shall be the presiding officer with all authority granted under Section 1 -7 -9. Sec. 15 -3 -4. [Menace; abatement without notice] Summary abatement Nothing in this Section shall be construed as impairing the right of the City, without notice to owners or occupants, to trim shrubs, hedges, bushes, trees[, bushes, shrubs] or other [like plantings] Ip ants [located in such parking areas or elsewhere] when the same [shall constitute a menace to highway travel or an intrusion upon a street area, or for the purpose of making such obstructions conform to this Chapter] constitute a nuisance Sec. 15 -3 -5. Charging cost of abatement to property; Lien. The costs incurred by City to abate, after notice, any nuisance pursuant to Section 15 -3 -3, together with twenty -five percent (25 %) thereof, or one hundred dollars ($100.00), whichever is greater, for administrative and incidental costs, plus interest at the rate of ten percent (10 %) per annum, shall be charged against the owner of such land, and upon recording in the County Clerk and Recorder's office of a statement under oath of the City Manager showing the cost thereof and describing the land, such charge shall be and constitute a perpetual lien on the land having priority over all other liens except general tax liens, and such lien shall remain in full force and effect until such charges and interest have been paid in full. Sec. 15 -3 -6. Remedies cumulative. The enforcement remedies set forth in this Chapter are cumulative and the prosecution of any person under Section 15 -3 -2 shall not preclude the City from instituting any abatement action under this Chapter, nor shall the undertaking of an abatement action under this Chapter preclude the City from commencing or continuing any prosecution under Section 15 -3 -2. SECTION 2. Section 8 of Chapter 1 of Title XV of the Pueblo Municipal Code is amended by the addition of subsection (2.25) thereto, to read as follows: (2.25) Section 114. Removal of traffic hazards, is repealed. SECTION 3_ If any part, section, subsection, sentence, clause of phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4_ This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED September 13, 2004 M Michael Occhiato Councilperson PASSED AND APPROVED September 27, 2004 nP, D- -1 ao(0 I 0 L �i q w mmw? o Background Paper for Proposed ORDINANCE AGENDA ITEM # � 15 DATE: September 13, 2004 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XV OF THE PUEBLO MUNICIPAL CODE RELATING TO SIGHT OBSTRUCTIONS AT INTERSECTIONS AND OTHER TRAFFIC HAZARDS, ABATEMENT PROCEDURES APPLICABLE THERETO, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND REPEALING REDUNDANT AND INCONSISTENT PROVISIONS CONTAINED IN SECTION 8 OF CHAPTER 1 OF TITLE XV OF THE PUEBLO MUNICIPAL CODE RELATING THERETO ISSUE Should the proposed Ordinance be approved? RECOMMENDATION The Ordinance be approved. BACKGROUND Chapter 3 of Title XV of the Pueblo Municipal Code relates to sight obstructions or impairments at intersections and the manner of abatement of such obstructions. This Chapter has not been amended since its codification in 1957. It is presently not a practical ordinance in its application for a number of reasons including its requirement that any hearing with respect to a contested abatement be held before City Council as opposed to some other administrative body. For example, if a property owner contested a proposed abatement to remove a fence or shrub which was assertedly obstructing or impairing the view of an intersection, such issue would have to be brought before City Council for public hearing and decision. The proposed Ordinance changes this procedure by making the Director of Transportation the presiding officer before whom any such contested issue is brought. As with any decision made by City Council under the present Ordinance, any decision made by the Director of Transportation under the proposed Ordinance is subject to judicial review by the Pueblo County District Court pursuant to C.R.C.P. 106(a)(4). The proposed Ordinance also provides that the costs of any abatement, other than a summary abatement, shall be chargeable as a lien against the property upon or from which the nuisance was permitted to occur. The proposed Ordinance further clarifies that such traffic nuisances are not only subject to abatement but constitute a violation of the Code and are a punishable offense. For simplicity and clarity, the proposed Ordinance also incorporates other prohibited traffic nuisances i.e. obscuring view of traffic control device and obstruction of public right -of -way. These nuisances were previously treated within and prohibited under Section 114 of the Model Traffic Code, as adopted by §15 -1 -15, P.M.C., Removal of Traffic Hazards. As such, Section 114 is duplicative and no longer necessary. Pursuant to Section 2 of the proposed Ordinance, section 114 is repealed. FINANCIAL IMPACT None.