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HomeMy WebLinkAbout1993-05 04-12 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of April, 1993 at 7:15 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending the City Code Regarding the Clear View Triangle. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 93 AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES REGARDING THE CLEAR VIEW TRIANGLE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 25- 801 -25 -805 are hereby added to the City Ordinances with language as follows: Section 25 -801. SIGHT OBSTRUCTIONS PROHIBITED. Trees, shrubbery. and other plant materials shall not be planted or maintained in such a manner as to obscure or impede the visual sightlines required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections. alleys, trails. and sidewalks. Section 25 -802. CLEAR VIEW TRIANGLE DEFINED. On any property which is located at a street intersection. the Clear View Triangle is defined as that triangular area formed by connecting the following three points: the point of intersection of the adjacent curb lines extended, and a point on each adjacent curb line 55 feet from such point of intersection. If there are no curbs, the edge of the travelled portion of the street or road shall be used instead of the curb line. On any property which is located at an intersection of an alley with a street, the triangular area is formed by connecting points 20 feet from such point of intersection. Nothing may be allowed within the Clear View triangle to materially impede vision between a height of two and one -half feet and 10 feet above the centerline grades of the intersecting streets. Section 25 -803. PLANTS EXTENDING OVER ROADS OR ALLEYS PROHIBITED. No person owning or controlling any plantings along public streets or roadways shall permit such plantings to extend over the travelled portion of such street or roadway unless the lowest overhanging portion of such plantings is trimmed to a minimum of 16 feet above the centerline grade. No plantings may extend over the travelled portion of public alleys unless the lowest overhanging portion of such plantings is trimmed to a minimum of 12 feet above the centerline grade. Section 25 -804. PLANTS BLOCKING VISIBILITY OF SIGNS PROHIBITED. No person owning or controlling any plantings along public streets or roadways shall permit such plantings to block the visibility of any regulatory. warning, or street identification signs. nor any traffic signals. The City shall have the authority to determine the minimal amount of required clear zones in such ORDINANCE NO. 93 -05 circumstances. Section 25 -805. PLANTS EXTENDING OVER SIDEWALKS OR TRAILS PROHIBITED. No person owning or controlling any plantings along public sidewalks or trails shall permit such plantings to extend over the travelled portion of such sidewalks or trails unless the lowest overhanging portion of such plantings is trimmed to a minimum of 12 feet above the centerline grade, Section 25 -810. ENFORCEMENT. Violation of Sections 25 -801 through 25 -805 is determined and declared to be a public safety hazard and a public nuisance. When any such condition is found to exist. the city manager or the city manager's designee shall give the owner or occupant a written order to either: (1) abate the nuisance at the expense of the owner or occupant within a period of not less than 10 days, the exact time to be specified in such order: or (2) demand a hearing by giving the city manager written notice of demand for such a hearing within 5 days after receipt of the order to abate the nuisance. Upon receipt of such a demand. the city manager shall schedule a hearing before the Council at the first council meeting occurring more than 10 days after the order was served on the owner or occupant, and shall notify the owner or occupant of the time and place of the hearing. Following the hearing, the city council may rescind or affirm or modify the city manager's order to abate the nuisance. Upon failure by the owner or occupant to abate the nuisance as ordered by the city manager. or by the city council following a hearing, the city manager shall cause the nuisance to be abated and shall certify the cost thereof to the city clerk. The city clerk shall certify said costs to the County to be extended on the tax rolls of the County against the real estate from which the nuisance was abated all in accordance with Minnesota Statutes. Chapter 429 and Section 412.221. Section 2. This ordinance shall become effective after publication and thirty (30) days following its adoption. Adopted this 12th day of April 1993 ATTEST: Deputy Clerk Date of Publication March 17, 1993 Effective Date May 12, 1993 Mayor, Todd Paulson