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Home My WebLink About2001-11-13 Ordinance 4722ORDINANCE NO. 4722 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 8.04.050 OF CHAPTER 8.04 AND SECTION 9.56.030 OF CHAPTER 9.56 OF THE PALO ALTO MUNICIPAL CODE [PUBLIC NUISANCES] TO REDUCE SIGHT OBSTRUCTIONS AND IMPROVE STREET AND SIDEWALK SAFETY The Council of the City of Palo Al to does ORDAIN as follows: SECTION 1. Section 8.04.050 of Chapter 8.04 of the Palo Alto Municipal Code is hereby amended to read as follows: 8.04.050 Public Nuisances. (a) The following are, for the purposes hereof, defined to be public nuisances: (I) Any dead, diseased, infested, or dying tree in any street; or on any private property so near to any street tree as to constitute a danger to street trees, or streets, or portions thereof. (2) Any tree or shrub on any private property or in any street, of a type or species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers, other public improvements, including utility mains or services. (3) Any tree limb, shrub, hedge, or plant reaching a height more than three feet above the curb grade adjacent thereto, except tree trunks having no limbs lower than nine feet above curb grade, within the thirty-five foot triangle of public or private property, measured from the projected curb lines, at the intersections of any street improved for vehicular traffic where either traffic signals, stop signs, or yield signs are not installed, or at any intersections which are determined by the chief transportation official to contain tree limbs, shrubs, hedges, or plants that obscure and impair the view of passing motorists, cyclists or pedestrians so as to create a safety hazard. (4) over any street electrolier. 011015 8m 0052858 Vines tree; or climbing plants growing or any publ ic hydrant, 1 into pole or or (5) Existence of any tree within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus or growth injurious to trees. (6) The existence of any branches or foliage which interfere with visibility on, or free· use of, or access to, obstruct public vehicular or pedestrian travel on any portion of any street improved for vehicular or pedestrian travel. (7) Hedges or dense thorny shrubs and plants on any street or part thereof. (8) Shrubs and plants more then two feet in height in any street, measured above top of curb grade. SECTION 2. Section 9.56.030 of Chapter 9.56 of the Palo Alto Municipal Code is hereby amended to read as follows: 9.56.030 Nuisances described -Authority to abate. (a) Each of the following conditions constitutes a nuisance, and whenever an enforcement officer determines that any of such conditions exist upon any premises, he may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien upon the property: (1) The existence of any garbage or rubbish upon the premises so as to be a nuisance under Section 5.20.040. (2) The existence of weeds upon the premises, or public sidewalks, or streets l or alleys between said premises and the center line of any public street or alley, so as to be a nuisance under Section 8.08.010. (3) The existence of any dead, diseased, infested, or dying tree in any street; or on any private property so near to any street tree as to constitute a danger to street trees, or streets, or portions thereof, so as to be a nuisance under Section 8.04.050(a) (1). (4) The existence of any tree or shrub on any pri vate property or in any street, of a type or species apt to destroy, impair or otherwise interfere with . any street improvements, sidewalks, curbs, approved street trees, gutters,. 011015 sm 0052858 2 sewers/ other public improvements/ including utility mains or services so as to be a nuisance under 8.04.050(a) (2). (5) The existence within the thirty-five foot triangle of property at the intersection of streets improved for vehicular traffic/ of any tree limb/ shrub/ hedge/ or plant exceeding three feet in height where either traffic signals/ stop signs/ or yield signs are not installed, or at any intersections which are determined by the chief transportation official to contain tree limbs, shrubs, hedges, or plants that obscure and impair the view of passing motorists, cyclists or pedestrians so as to create a safety hazard, so as to be a nuisance under Section 8.04.050(a) (3). (6) The existence of any vines or climbing plants growing into or over any street tree or any public hydrant, pole or electrolier so as to be a nuisance under Section 8.04.050 (a) (4) or the existence of any shrub, vine or plant growing on, around or in front of any hydrant/ alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto by the fire department. (7) The existence of any tree within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus or growth injurious to trees so as to be a nuisance under Section 8.04.050 (a) (5) . (8) The existence of any branches or foliage which interfere with visibility on, or free use of, or access tO I obstruct public vehicular or pedestrian travel on any portion of any street improved for vehicular or pedestrian travel so as to be a nuisance under Section 8.04.050(a) (6). (9) The existence of hedges or dense thorny shrubs and plants on any street or part thereof so as to be a nuisance under Section 8.04.050(a) (7). (10) The existence of shrubs and plants more than two feet in height in any street, measured above top of curb grade so as to be a nuisance under Section 8.04.050(a) (8). (11) The existence of any open pit in any closed or abandoned trampoline center so as to be a nuisance under Section 4.48.210. 01 lOtS sm 0052858 3 (12) The existence of any accumulation of waste paper, hay, grass, straw, weeds, liner or combustible trash upon any roof or in any building, court, yard, vacant lot or open space, or of any weeds, grass, vines or other growth, when the same endangers property or is liable to be fired, so as to be a nuisance under Section 15.04.290. (13) The existence upon the sidewalk in front of any premises of anything which shall restrict the public use thereof so as to be a nuisance under Section 9.48.020. (14) The existence upon the sidewalk in front of any premises of any dirt, debris or litter so as to be a nuisance under Section 9.48.050. (15) The existence of any sign erected, constructed or maintained in violation of or which fails to comply in any way with the provisions of 16.20 of this code. (16) The existence of a sidewalk or a portion of a sidewalk adj acent to any premises which is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk. (17) The storage or keeping of any used or unused building material in a location out of doors for more than thirty days within a year; provided, that nothing in this subsection shall: (A) Make lawful any such storage when it is prohibited by other ordinances or laws; (B) Prohibit such storage upon the premises of a bona fide lumberyard or other dealer in building materials when the same is permitted under the Zoning Code and other applicable laws; (C) Prohibit such storage for ninety days when done in conjunction with the construction project for which a valid building permit is in effect if required and which is being prosecuted diligently to completion; extensions for additional periods of time may be granted by the building official when additional storage time is necessary and upon proof that such construction project will be diligently pursued. "Building materials," as used in this subsection means and 011015 8m 0052858 4 includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, concrete block, roofing materials, cans of paint and similar materials. (18) The storage or keeping in a location out of doors of any unused and abandoned open pit or excavation, building foundation, automobile, trailer, housetrailer, boat or other vehicle or major parts thereof. Without limiting the foregoing, any such thing stored or kept for a period in excess of thirty days. in a year shall be presumed to be unused and abandoned for purposes of this provision. (19) The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place, which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition. (20) The existence of any driveway which is determined to have been abandoned, pursuant to the provisions of Section 12.08.090; provided, that no notice need be given to the owner of the property with respect to the abatement of such condition other than that provided in this chapter. which is safety. II II II II II II II II II 011015 sm 0052858 in (21) Any other condition on or use fact a menace to the public peace, 5 of property health, or SECTION 3. This ordinance shall be effective on the first of January, 2002. INTRODUCED: October 22, 2001 PASSED: November 13, 2001 AYES: BEECHAM, BURCH, EAKINS, KLEINBERG, LYTLE, MOSSAR, WHEELER NOES: ABSENT: FAZZINO, OJAKIAN ABSTENTIONS: ATTEST: THIS DOCUMENT IS CfRTtFlED TO BE AN ORDINANCE DULY PASSED BY THE COUNCIL OF THE CITY OF PALO ALTO AND nlEREAI-fER POS T E COUNCIL CHAMBERS ON (WITHIN 15 DAYS OF ITS PASSAGE ". certify (or decl£lre) under penalty of perjury that the foregoing is true and correct" ~~}ybJ., ,i1LLtl-()..Jfll alell. Place 011015 sm 0052858 V ICe-Mayor I 6 Community Director Services' ., '1 \ City of Palo Alto VISIBILITY PROJECT See and Be Seen! Have you ever ,been at an intersection where you can't see what's coming because the bushes are overgrown? Is the sidewalk in front of your house dangerous to walk on because of low hanging tree limbs? Did you know there are rules that cover street and sidewalk visibility? The City of Palo Alto is concerned about this public safety issue and needs your help. As parents, community members, and neighbors, we are all responsible for making sure that pedestrians, bicyclists, and drivers can see and be seen. The City is asking every school safety committee, the PTAs, and each neighborhood association to get the word out about street and sidewalk safety. What can you do to help kids see and be seen? • Look for visibility problems in your neighborhood and along your routes to work and school. • Share this flyer with the owners of the property where there is a potential safety problem. ' • Work with you r neighbors to solve visibility problems on our streets and sidewalks. • If you cannot solve the problem on your own, call Code Enforcement at 329-2358 or 329-2276 and we'll respond. What are the Visibility Rules? There is a diagram on the back explaining how these rules work .. • At intersections without signs or signals, no tree limbs, shrubs, hedges or plants taller than 3 feet above the curb can be in the "visibility triangle" that runs 35 feet down each block from the curb intersection. Tree trunks are allowed, but branches must be trimmed up to 9 feet above the curb. • At intersections with signs or signals, the rule is the same, except it will be applied case-by-case to prevent safety hazards. • No shrubs or plants more than 2 feet high in the planting strip between the street and sidewalk • No fences or walls more than 4 feet high in the front yard setback (closer than 16 feet from the property line). . No branches or foliage that 0 h st::ruct public vehicular or ped.estrim tra\"S!l on any port:ion of my !iI:reet or siI:1E!\Valk ~ ______ 35fr. ____ ~~~ , ('r()(f()(I Sight . '-, lJLUJLJ Triangle '- "'",- No tree limbst shrubs" hedges" plants~ or fem::es of a height O\'IE!l" 3 ft. in the "sight trimgle" of any interliiElCtiOn. T me trunks lI.l"e allowe:l as long ali there lI.l"e no hranches below 9 ft •. " .. "~ " 35 ft. ·1 No shrubs or plants more than 2 ft. high on the planting strip between the IitIeet and sidewalk. No hedges or danE thorny shrubs or plants on liny IitIeet or sidewalk. Planting Strip Sidew-alk 16 ft. 1 No feI'l.Ces or walls higher than 4 ft. in the liont "Etbacl:." lI.l"ea of . a residence. "Setb ack." area is anything-within .16 ft. of the property line. rIDll OJ CD