Loading...
O1171 . . CA:SSS:BB:bl Council Meet~ng 07-08-80 Santa Mon~ca, Cal~forn~a ORDINANCE NO. 1171 (City Council Series) A~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA N1ENDING CHAPTER 1 ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE RELATING TO REMOVAL OF HAZARDOUS VISUAL OBSTRUCTIONS WHEREAS, fences, walls, hedges, trees, plantings, and other visual obstructions located on private property In many areas of the City ~mpair the vis~bllity of drivers of automobiles entering or eXlting alleys, driveways, streets, or other vehicle accessways and constitute an unreasonable and unnecessary hazard to persons, especlally ch~ldren, us~ng public sidewalks; and WHEREAS, there are currently no provlslons for the removal or correctlon of such fences, walls, hedges, trees, plantlngs, and other obstructions; and WHEREAS, the proposed amendments would provlde the means to remove or correct vlsual obstructlons by establishlng procedures whereby the Dlrector of General Servlces ~ay assess hazardous conditions and attaln modification of structures or materials ~n order to improve V1S1bllity between persons and vehicles; and WHEREAS, the proposed amendMents are in the publlc necesslty, convenience, general welfare, in accordance with good zonlng practice, and should be adopted; and . . WHEREAS, a publlC hearing was held before the Plannlng Commission on the proposed amendments on January 25, 1980, and the Plann~ng Commission consldered and recommended the amend- ments to the Clty Councl1 on March 25, 1980i and WHEREAS, the Clty Council, after a public hearing concurs with the recommendatlons of the Planning Commisslon THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN: SECTION l. Section 9127 of the Santa rlonlca Municlpal Code is amended to add four new sectlons to read as follows: Section 9127K. Hazardous Vlsual Obstructions. This sectlon shall be known as the Hazardous V~sual Obstructlon Ordlnance. Its purpose is to provlde for the removal of fences, walls, hedges, trees, plantings, and other vlsual obstructions on private property whlch impalr the vlsiblllty of drivers of automobiles entering or exiting alleys, driveways, streets, or other vehicle accessways and which con- stitute an unreasonable and unnecessary hazard to persons, especially children, uSlng adJacent publlc sldewalks. Sectlon 9127Kl. Hazardous Vlsual Obstructlons, Re~oval ~~quired. Other sections of thlS Chapter notwithstandlng, any fence, wall, hedge, tree, plantings, or other visual obstructlons, wlth the exceptlons of any building or structure constructed under a valid bulldlng perMit or ln accordance wlth plannlng and zoning regulations, found by the Dlrector of General Services to obscure or block the visibillty of drlvers of automobiles enterlng or eXlting an alley, drlveway, parking lot, or other vehlcle accessway and to constitute an unreasonable and unnecessary -2- . . hazard to persons lawfully uSlng an adjacent sldewalk, alley, street, or other right of way shall be removed or altered so as to ellminate such hazard. Section 9l27K2. Procedure. 1. Notification. Whenever the Director of General Services finds an obstructlon wlthln the Meanlng and intent of this sectlon, the property owner shall be notified in wrlting of the nature of the obstructlon, the mlnimuro corrective measures required and a speclflc date by which the corrections are to be completed. 2. Request for Hearing. Withln 15 days of recelpt of such notice, the owner may request in writlng a waiver or modiflcation of the order. Upon recelpt of such request, the Dlrector of General Services shall schedule a hearing on the request, glvlng at least 15 days wrltten notice to the owner and any other persons known to have an interest or concern ~n the action. 3. Determination. Withln 10 days of the hearlng, the Director of General Services shall issue a deterrn~n- atlon afflrmlng, reversing or modlfying the orlglnal order. Written notlce of such determlnatlon shall be glven to the app~icant, all other lnterested persons, the Director of Plannlng, and each member of the Planning COmMlssion. The determlnatlon of the Director of General Services shall become effectlve -)-