§ 26-161. Removal of obstructions to vision.


Latest version.
  • (a)

    Whenever the Director finds that there exists on any private property within the County any obstructions such as trees, bushes, vines, weeds, undergrowth, loose earth, equipment, or any other obstructions either fixed or movable, except buildings and similar structures affixed to the ground, that obstruct the vision of operators of vehicles traveling upon any public street, road, or highway so as to constitute a traffic hazard, the Director shall immediately serve the owner, agent, lessee, or any other person having supervision over such property a written notice describing the premises whereon such obstruction exists, a statement of the particulars in which the vision of operators of vehicles is obstructed, including the steps necessary to correct such conditions, and an order directing that corrective steps be taken within a stated period of time.

    (b)

    Any person who considers himself aggrieved by any order issued pursuant to the authority of this Section may, within ten days of the receipt of such order, petition the Director, in writing, for a hearing thereon. Within ten days from the receipt of such petition, the Director shall hold such a hearing after which he may either affirm, modify, or rescind the order. No official of the County government shall remove any obstruction or enforce any order issued hereunder until after such hearing by the Director has been held or until the time to petition for such hearing has expired without such a petition having been filed, or until any appeal becomes final.

    (c)

    Upon failure of any person to comply with the provisions of any order issued under this Section within the time specified therein, the Director shall direct his subordinates to enter upon the property whereon the obstruction is located and remove all or such part of the obstruction as may be necessary to eliminate the traffic hazard.

    (d)

    All orders and notices issued by the Director pursuant to the authority of this Section shall be served on the person to whom they are directed either by registered mail or by personal delivery to such person. If such person is not known to reside and cannot be found in the County, such service shall be made by publication and posting shall be deemed to be made on the day of publication or posting.

    (e)

    Whenever it is necessary for the Director to provide for the removal or elimination of any type of obstruction referred to herein pursuant to the procedures prescribed above, he shall file with the accounting officer's office a certified statement of the cost to the County of such removal or elimination, together with proof of service and the notice prescribed above. The cost of such removal together with the cost of publication shall constitute a charge and lien against the property and shall be collected in the same manner as are real estate taxes.

(CB-51-1978)