Chapter 12D
SIGHT DISTANCE OBSTRUCTIONS
Sections:
12D-1. Sight distance obstructions – Prohibited when.
12D-2. Same – Nuisance – Enforcement authority.
12D-3. New encroachments – Conditions.
12D-4. Minimum sight distance – Established.
12D-7. Department of public works compliance program – Priorities.
12D-1 Sight distance obstructions – Prohibited when.
It is unlawful for any person to maintain his or her property in a manner which creates or causes to exist any obstruction to the view (sight distance) of the users of any county-owned and/or maintained road which obstruction thereby creates an unsafe condition to the users thereof. (Ord. No. 464, § 1; Ord. No. 508.)
12D-2 Same – Nuisance – Enforcement authority.
Any use of the property in violation of the provisions of this chapter shall constitute a public nuisance which may be abated by the duly constituted officer of the county of Colusa. The enforcement of this section shall rest in the sole discretion of the county officers performing such functions. This section is not intended to create a mandatory duty upon the county and/or its officers or employees. (Ord. No. 464, § 2; Ord. No. 508.)
12D-3 New encroachments – Conditions.
No new encroachments shall be allowed where to do so would create an unsafe condition to the users of the county-owned and/or maintained road in violation of the provisions of this chapter. (Ord. No. 464, § 3; Ord. No. 508.)
12D-4 Minimum sight distance – Established.
(a) It is unlawful, on property adjacent to any county-maintained road, to have any sign, structure, vegetation, fence or any other obstacle which constitutes an obstruction to the view (“sight distance”) of the users of such roads within a triangular area adjacent to any intersection or driveway in accordance with the following minimum standards:
|
Speed Limit on County Road |
Minimum Required Sight Distance |
|
25 |
250 |
|
30 |
300 |
|
35 |
350 |
|
40 |
400 |
|
45 |
450 |
|
50 |
500 |
|
55 |
550 |
Where there is an intersection of two county roads, the highest speed limit of the two shall be used.
(b) Sight distance shall be calculated from a point which lies fifteen feet from the edge of the traveled way (or the edge of the pavement where it exists) of the county road.
(c) Where two county roads intersect at a “T” or a “Y,” the sight distance shall be established, using the above standards, at a point on the terminating road that lies fifteen feet from the edge of the traveled way on the through road.
(d) As used herein, land in its natural condition shall not be deemed to constitute an obstruction, but vegetation thereon shall be so construed. (Ord. No. 464, § 4(A); Ord. No. 508.)
12D-5 Same – Exceptions.
The provisions of section 12D-4 shall not apply to the following:
(a) Public utility poles;
(b) Fences of a type which do not obstruct the vision of the users of the county road;
(c) Official traffic-control signs or signals or other signs established for the benefit of the users of the road by the county;
(d) Trees trimmed to the trunk and which, as trimmed, provide a clear sight distance in the plane above the road’s elevation and six feet above the road. (Ord. No. 464, § 4(B); Ord. No. 508.)
12D-6 Same – Waivers.
Upon application, the director of the department of public works may waive the application of this section as to any property when he finds, and based on a personal field inspection, that the natural topography of the land will, notwithstanding the elimination of the other obstacles as referred to in section 12D-4, continue to constitute a complete obstruction to the sight distance which this section and sections 12D-4 and 12D-5 are intended to provide. If the director finds that some improvement in sight distance could be achieved, he shall require that such work be performed (in accordance with section 12D-4) as will be beneficial. The decision of the director shall be evidenced by written findings, copies of which shall be forwarded to (1) the applicant, and (2) the risk management committee. The board of supervisors may, by resolution, establish a reasonable fee to be charged any applicant for a waiver. (Ord. No. 464, § 4(C); Ord. No. 508.)
12D-7 Department of public works compliance program – Priorities.
Recognizing that a substantial number of properties within the county are likely, upon adoption of the ordinance codified in this chapter, to be in noncompliance, and that the county has limited resources with which to enforce same, the board hereby directs that the director of the department of public works shall implement a program of enforcement with the following priorities:
(a) Intersections of two or more county roads;
(b) Commercial driveways and access roads;
(c) Intersections of county roads with private roads;
(d) Intersections of county roads with private driveways.
Notwithstanding the above prioritization, the director shall have discretion to pursue an enforcement action against any sight distance problem which he views as constituting a particularly significant hazard. (Ord. No. 464, § 7; Ord. No. 508.)
12D-8 Liability limitations.
This chapter shall not be construed as imposing upon the county or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which the permit is issued hereunder, nor shall the county or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder or the performance of any work permitted hereunder. (Ord. No. 464, § 8; Ord. No. 508.)
12D-9 Enforcement.
The director of the department of public works shall investigate violations of this chapter and shall give such notices of violations requesting compliance within a reasonable time before referring any violation to the county’s code enforcement officer and/or to the county counsel for legal action. (Ord. No. 464, § 5; Ord. No. 508.)
12D-10 Violation – Remedies.
(a) Notwithstanding anything in the law to the contrary, in addition to any criminal penalties which may attach to any violation of this chapter, any such violation shall be deemed to be and is hereby declared to constitute a public nuisance and a threat to the public health, safety and welfare.
(b) Upon discovery of a violation of this chapter, the director shall cause a notice of violation and an order for abatement to be mailed, by certified mail, to the property owner or owners responsible for the violation. The notice shall inform the property owner of the notice of the violation and the remedial action required and the right of the county to remedy the violation at the responsible party’s expense and to place a lien on such person’s property. If the responsible party or parties fail to correct the violation within sixty days from the date of the mailing of the notice, the director or his representative shall be authorized to enter upon the real property and to remove or otherwise eliminate the obstruction. In such event, the cost to the county in abating the nuisance shall be billed to the responsible party or parties, in their proportionate interest, and if unpaid after sixty days, the director shall cause such bill to be recorded as a lien against such person’s real property, in conformity with applicable law. In addition, the cost of such abatement shall be a personal obligation against the responsible party or parties which shall be recoverable by the county in an action before any court of competent jurisdiction.
(c) As used in this section, the term “responsible party or parties” refers to that person or persons who are obligated to comply with this chapter and shall mean the owner of the real property adjacent to the county road unless the subject intersection or driveway necessitating compliance herewith is established and used for the benefit of other real property (most typically by way of an easement over the adjoining real property), in which case the responsible party or parties shall be the owners of such other real properties (most typically the beneficial user/holder of the easement). (Ord. No. 464, § 6; Ord. No. 508.)