(a) The following are hereby declared a nuisance and/or a traffic hazard subject to the regulations hereinafter provided:
(1) Any wall, fence, sign or other structure, hedge, tree, shrubbery or other growth, or object of any kind on any land which creates a traffic hazard:
a. By unreasonably obstructing the view of an adjacent street, alley, driveway or intersection by a vehicle operator or pedestrian on a street or alley or in or approaching an intersection; or
b. By unreasonably increasing the risk of damage or injury to a vehicle, vehicle operator or pedestrian, or which creates a traffic hazard for a pedestrian on a sidewalk by unreasonably obstructing the view thereof.
(2) Any wall, fence, sign or other structure, hedge, tree, shrubbery or other growth, or object of any kind higher than 2½ feet above the street elevation located on a corner lot at a street intersect ion and within the triangle formed by the corner formed by the intersection of the back of curb lines or an imaginary extension of said lines (or if there is no curb, the corner where the back of curb lines would intersect if there were a curb) nearest the street intersection and the point on each said back of curb line which is 30 feet from said corner as shown on table A; provided, however, this subsection shall not apply to single trees with single trunks trimmed so that no vegetation on the tree hangs lower than eight feet above the street elevation; provided, however, this subsection shall not apply in the central area (CA) zoning district and shall not apply to official traffic control devices or approved public utilities.
(3) The term "intersection" shall be the definition contained in Texas Transportation Code § 541.303.
Table A | |
 | Back of curb or where back of curb would be if there were a curb |
(b) The city manager or his designee is hereby instructed to give notice to the owner of any abutting property and afford such owner the opportunity to do the work of removing the aforesaid hazard to traffic, but shall not be compelled to await the owner's action in any case where they shall find that the public safety requires the immediate abatement of such hazard.
(c) The procedures for abatement and removal of a hazard to traffic require not less than ten days' notice stating the nature of the hazard to traffic, that must be removed and abated not later than the tenth day after the date on which the notice was mailed, and that a request for a hearing must be made before expiration of the ten-day period. The notice must be mailed by certified mail with a five-day return requested to the owner or occupant of the abutting property as to the hazard to traffic. If any notice is returned undelivered by the United States Post Office, official action to abate the hazard to traffic shall be continued to a date of not less than the 11th day after the date of return.
(d) In the event that any hazard is not removed after such ten-day notice to the abutting property owner, then and in that event the city manager or his designee is authorized and directed to cause to do whatever is necessary on the premises to remove such hazard, the same to be done immediately.
(e) In the event that the affected property owner/occupant objects with the action of the city manager or his designee they may within the ten-day period of notice hereinabove described, file an appeal with the traffic commission for a hearing by such commission. If the affected property owner/occupant is unsatisfied with the traffic commission's decision they may, in their discretion, appeal to the city council at their next regular meeting, whose judgment shall be final. An appeal to the city council must be filed within ten days of the traffic commission's decision. All objections, request for hearing and appeals must be in writing and sent to the city manager by certified mail return receipt requested.
(Prior Code, § 17-8; Ord. of 4-27-1999)