(a) Definitions. For purposes of this section, "vertical clearance" means clearance for vehicles traveling on roadways underneath and along side of overhanging trees, bushes, vines, undergrowth or other types of vegetation, which is measured up from each edge of and across the traveled portion of the roadway.
(b) Notice and service. If the Director determines that trees, bushes, vines, weeds, undergrowth, loose earth, or other obstructions other than buildings or similar structures affixed to the ground exist on private property that obstruct the vision of operators of vehicles traveling on a road or obstruct vertical clearance of at least 14 feet, the Director shall serve the owner, agent, lessee, or other person in control of the property with a written notice containing a description of the premises on which the obstruction exists, a statement of the particulars of the obstruction, a statement of the steps necessary to correct the condition, and an order directing that corrective steps be taken within a stated period of time. The notice shall be served as provided in § 13-1-103.
(c) Hearing. A person aggrieved by a notice issued under this section may petition the Director in writing for a hearing within 10 days after service. Within 10 days after receipt of the petition, the Director may affirm, modify, or rescind the notice. An official of the County may not remove an obstruction or enforce the notice until after the hearing has been held and the notice upheld, the time to petition for a hearing has expired without a petition having been filed, or an appeal to the Board of Appeals becomes final.
(d) Failure to comply. If a person fails to comply with the provisions of any notice issued under this section, the County shall enter the property on which the obstruction is located and remove all or that part of the obstruction necessary to eliminate the traffic hazard.
(e) Costs. If the Director provides for the elimination of an obstruction under this section, the Director shall file with the Controller's office a certified statement of the cost to the County of the elimination, together with proof of service. The Office of Finance shall invoice the owner of the property on which the obstruction was located for the cost of the removal, together with the costs of service. The invoice shall be payable within 30 days of the date of the invoice and any sums unpaid 30 days after the date of billing shall be collected as provided in § 1-8-101 of this Code.
(1985 Code, Art. 25, § 25-4-402) (Bill No. 63-04; Bill No. 17-14)