(a) No person who is the owner of a lot or parcel of ground located at the intersection of two or more streets, shall plant, grow or permit to grow or maintain on any such lot any trees, shrubbery, bushes, weeds or obstructions of any kind which obstructs or interferes with the view or vision of the driver of a vehicle, or which in any way interferes with intersection vision clearance.
"Intersection vision clearance" means a triangular space at the street corner of a corner lot free from any kind of obstruction to vision between the heights of three and twelve feet above established grade off the roadway determined by a diagonal line connecting two points measured fifteen feet equidistant from the street corner along each property line.
(b) The Chief of Police or his authorized representative may give or cause to be given in writing to any person violating subsection (a) hereof, notice to remove such trees, shrubbery, bushes, weeds or other obstructions. Such notice shall be served upon the property owner in accordance with the West Virginia Rules of Civil Procedure.
(c) In the event that the property owner fails to remove such obstructions in accordance with the notice within ten days from the date of the service thereof, the Director of Public Works or his duly authorized representative may cause the same to be removed either by the agents or employees of the City, or otherwise as he may decide or direct, and the Director shall report the cost of cutting and removal of such obstruction to the Director of Finance. The Director of Finance shall immediately mail a bill, voucher or statement of such costs to the person owning such lot, land or property and the bill, voucher or statement shall be due within ten days of the date of the mailing of same, and a copy thereof be forwarded to the Director of Public Works.
(d) The payment of the amount so chargeable to the owner shall not relieve him of any penalty imposed under the provisions of this section or constitute a defense against any violation of such provisions.
(e) The following obstructions existing upon the effective date of this section are hereby exempted and shall not be considered violations hereof:
(1) Structures used or intended to be used for residential or commercial purposes;
(2) Existing level, grade or slope of unimproved real property;
(3) Retaining walls; and
(4) Concrete monuments.
(Ord. 0-182. Passed 1-8-83.)